lesser included offense

One which is composed of some, but not all elements of a greater offense and which does not have any element not included in greater offense so that it is impossible to commit greater offense without necessarily committing the lesser offense. State v. Garcia, App., 100 N.M. 120, 666 P.2d 1267, 1272.

One that does not require proof of any additional element beyond those required by the greater offense. Government of Virgin Islands v. Bedford, C.A. Virgin Islands, 671 F.2d 758, 765.

One which must necessarily be included in the greater offense. State v. Etzweiler, 125 N.H. 57, 480 A.2d 870, 876.

One which includes some of the elements of the crime charged in the information without the addition of any element irrelevant to the original charge. State v. Johnsen, 197 Neb. 216, 247 N.W.2d 638, 640.

When it is impossible to commit a particular crime without concomitantly committing, by the same conduct, another offense of lesser grade or degree, the latter is, with respect to the former, a "lesser included offense". In any case in which it is legally possible to attempt to commit a crime, such attempt constitutes a lesser included offense with respect thereto. The defendant may be found guilty of an offense necessarily included in the offense charged. Fed.R. Crim.P. 31.

See also necessarily included offense