People v. Lopez

Opinion

CHIN, J.

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)),1 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…