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 EO 13447 Title 3--The President 33 and level of force involved, the following offenses may be considered lesser included in addition to those offenses listed in subsection d. (See subsection (d) for a listing of the offenses that are specifically cross-referenced within the statutory text of Article 120.) The elements of the proposed lesser included offense should be compared with the elements of the greater offense to determine if the elements of the lesser offense are derivative of the greater offense and vice versa. See Appendix 23 for further explanation of lesser included offenses. (1)(a) Rape by using force. Article 120 -- Indecent act; Wrongful sexual contact (1)(b) Rape by causing grievous bodily harm. Article 120 - Aggravated sexual assault by causing bodily harm; Abusive sexual contact by causing bodily harm; Indecent act; Wrongful sexual contact {1}{c) Rape by using threats or placing in fear. Article 120 -- Aggravated sexual assault by using threats or placing in fear; Abusive sexual contact by using threats or placing in fear; Indecent act; Wrongful sexual contact (1)(d) Rape by rendering another unconscious. Article 120 Aggravated sexual assault upon a person substantially incapacitated; Abusive sexual contact upon a person substantially incapacitated; Indecent act; Wrongful sexual contact (1} (e) Rape by administration of drug, intoxicant, or other similar substance. Article 120 -- Aggravated sexual assault upon a person substantially incapacitated; Abusive sexual contact upon a person substantially incapacitated; Indecent act; Wrongful sexual contact (2)(a) -- (f} Rape of a child who has not attained 12 years; rape of a child who has attained the age of 12 years but has not attained the age of 16 years. Article 120 -- Aggravated sexual 276

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