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Home / Opinion Digests / Criminal – Aggravated Sexual Battery – Forcible Sodomy – Lesser-Included Offense (access required)

Criminal – Aggravated Sexual Battery – Forcible Sodomy – Lesser-Included Offense (access required)

A trial court erred when it held that aggravated sexual battery is a lesser-included offense of forcible sodomy, and the Court of Appeals reverses defendant’s conviction of aggravated sexual battery under Va. Code § 18.2-67.3, and dismisses the indictment. Defendant was indicted for committing forcible sodomy by cunnilingus on a child less than 13 years of ...

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