Defendant was indicted for agg. sex assault of a child under 14. Child was actually 14. We are on the verge of trial. Does anyone know if the State can announce ready and proceed under the lesser included offense of sexual assault of a child under 17, even though the indictment says 14? All of the other elements are the same.

Abandon language "under the age of 14." Leave in "child". Definition of child provides notice that individual was under the age of 17. Alter title of offense from aggravated to just sexual assault.

Case law says it is not an amendment of the indictment simply to abandon language. Makes sense because defendant should not be surprised to be on notice of a lesser-included offense.

Eastep v. S., 941 S.W.2d 130, 134 (Tex, Crim. App 1997).

Thanks for the quick reply! Heading to trial tomorrow.

Let us know how it goes.