State of Arizona v. Bayron Perez Agueda

Summary

The court held that contributing to the delinquency of a minor is not a lesser-included offense of sexual conduct with a minor because it requires proof of a child's act or anticipated act, an element not required for sexual conduct with a minor. The court overruled its contrary statutory interpretation and applied the same-elements test to conclude that the trial court properly refused the requested instruction. It vacated the court of appeals' opinion and remanded for consideration of an unresolved juror-question issue.