What is the test for determining whether a lesser crime is necessarily included in a greater crime?

California, United States of America


The following excerpt is from People v. G.V. (In re G.V.), F076920 (Cal. App. 2019):

Two alternative tests are used to determine whether a lesser offense is necessarily included in a greater offense. "Under the elements test, we look to see if all the legal elements of the lesser crime are included in the definition of the greater crime, such that the greater cannot be committed without committing the lesser. Under the accusatory pleading test, by contrast, we look not to official definitions, but to whether the accusatory pleading describes the greater offense in language such that the offender, if

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guilty, must necessarily have also committed the lesser crime. [Citation.]" (People v. Moon (2005) 37 Cal.4th 1, 25-26.)

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