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Home / Opinion Digests / Criminal – Attempted Rape – Jury Instruction – Lesser Offense (access required)

Criminal – Attempted Rape – Jury Instruction – Lesser Offense (access required)

Defendant was not entitled to a jury instruction on sexual battery because it is not a lesser-included offense of attempted rape. A sexual battery is not a lesser-included offense of attempted rape; it requires proof of a touching whereas attempted rape does not. The jury in this case could have found that defendant lacked the intent ...

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