People v. Worrell

I. Facts

The issue before the Court is whether actual force and violence is an essential element of the offense of assault with intent to commit sexual penetration with a person between the ages of 13 and 16.

Defendant-appellant Jack Worrell was charged with third-degree criminal sexual conduct, MCL 750.520d(l)(a); MSA 28.788(4)(l)(a), i.e., sexual penetration with a person at least 13 years of age and *624under 16 years of age. He was convicted by a jury of assault with intent to commit criminal sexual conduct involving sexual penetration, MCL 750.520g(l); MSA 28.788(7X1). Defendant subsequently…