[DOWNLOAD] "People V. Lopez" by California Supreme Court ~ Book PDF Kindle ePub Free

January 25, 2021

eBook details

Title: People V. Lopez
Author : California Supreme Court
Release Date : January 02, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

In this case we consider whether the trial court, in instructing the jury on the elements of the charged felony offense of committing a lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)), erred in failing also to instruct, on its own motion, regarding the misdemeanor offense of child annoyance (§ 647.6, subd. (a)). We conclude, consistent with the Court of Appeal decision below, that child annoyance is not a lesser included offense requiring sua sponte instructions. As we explain, the lesser offense of child annoyance requires commission of an objectively offensive act of annoyance or molestation, an element not necessarily present in the greater offense of committing a subjectively lewd act.