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Question on Lesser Included Offense

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March 07, 2011, 18:22
rmpalm11
Question on Lesser Included Offense
I am working on an aggravated sexual assault of child by digital penetration. Can I get a lesser included offense instruction to the jury of indecency with a child by contact?
March 08, 2011, 08:27
Andrea W
Yes, as long as it's for the same act. (ie, the only question is whether he penetrated or not) See Evans v. State, 299 S.W.3d 138 (Tex. Crim. App. 2009).