What is the test for a jury to convict a defendant of attempted sexual assault?

Defendant also cites People v. Ngo (2014) 225 Cal.App.4th 126 (Ngo) in support of his argument. This reliance is misplaced. In Ngo, the court found that the trial court had a sua sponte duty to instruct the jury on attempted sexual penetration with a child as a lesser included offense. (Id. at pp. 155-157.) The victim stated that the defendant touched her, but was equivocal as to whether he actually penetrated her. (Id. at p. 157.) The victim's mother testified that she saw the defendant touching the child, but she did not see whether he penetrated her. (Ibid.) The defendant admitted touching the victim, but denied that he penetrated her. (Ibid.) Thus, the court concluded the evidence was "consistent with the possibility that defendant attempted to penetrate B.T., but that Mother interrupted the attempt when she walked into the room," thereby constituting "'"'evidence that a reasonable jury could find persuasive'"' as to attempted sexual penetration. [Citation.]" (Ibid.)