State v. Tauriac
2002 La. App. LEXIS 965, 813 So. 2d 1187, 1 La.App. 3 Cir. 1565 (2002)
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Rule of Law:
When an offense is not listed among those with legislatively prescribed responsive verdicts, a defendant may be found guilty of a lesser and included grade of the charged offense if all elements of the lesser crime are contained within the definition of the greater offense.
Facts:
- On May 12, 2000, the defendant, owner of the building housing the Video Center, entered the store and approached an employee, N.F.
- The defendant grabbed N.F.'s breast and vaginal area without her consent.
- N.F. pushed the defendant away and told him his behavior was unacceptable.
- On May 13, 2000, the defendant returned to the store and approached N.F. while she was on the telephone during her break.
- The defendant placed his hand down the back of N.F.'s pants without her consent.
- N.F. swung her arms, pushing the defendant away.
Procedural Posture:
- The defendant was charged by bill of information with sexual battery, a violation of La.R.S. 14:43.1, in a trial court.
- At arraignment, the defendant entered a plea of not guilty.
- The defendant subsequently waived his right to a trial by jury.
- The matter was tried as a bench trial on November 8, 2000, where the trial court found the defendant guilty of simple battery, a violation of La.R.S. 14:35.
- On November 22, 2000, the trial court denied a motion to arrest judgment filed by the defendant.
- The trial court sentenced the defendant.
- The defendant appealed his conviction to the Louisiana Court of Appeal.
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Issue:
Does simple battery constitute a lesser and included grade of the offense of sexual battery under Louisiana law?
Opinions:
Majority - Pickett, Judge
Yes, simple battery is a lesser and included grade of the offense of sexual battery. Because sexual battery is not an offense listed in La.Code Crim.P. art. 814, which specifies responsive verdicts for certain crimes, La.Code Crim.P. art. 815 governs. Article 815 permits a verdict of 'guilty of a lesser and included grade of the offense.' A lesser offense is included in a greater offense if all elements of the lesser crime are contained within the definition of the greater offense. Simple battery, defined as a battery committed without the victim's consent, requires physical contact (whether injurious or offensive) which can be made through clothing. Sexual battery (La.R.S. 14:43.1) includes intentional touching of the victim's anus or genitals without consent. The court found that every element of simple battery (infliction of force, physical contact, and lack of consent) is encompassed within the elements of sexual battery, and the defendant's actions in this case satisfied these elements, as evidenced by N.F.'s physical resistance. Therefore, simple battery is a lesser included offense of sexual battery, and the trial court's conviction was appropriate.
Analysis:
This case clarifies the application of Louisiana's responsive verdict statutes, specifically how to determine lesser included offenses when the crime charged is not explicitly listed in the primary responsive verdict article (Art. 814). It reinforces the 'elements test' from prior Supreme Court precedent, ensuring that courts can convict defendants of a lesser offense if all of its constituent elements are proven, even if the elements of the more serious charged offense are not fully met. This principle is crucial for judicial efficiency and fairness, allowing for convictions that reflect the actual conduct proven, rather than requiring an acquittal simply because a single element of the greater crime was not established.
