Is lewd conduct a lesser included offense of indecent exposure under the elements test?

"To determine if an offense is lesser and necessarily included in another offense . . . , we apply either the elements test or the accusatory pleading test." (People v. Shockley (2013) 58 Cal.4th 400, 404.) "The elements test is satisfied if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, such that all legal elements of the lesser offense are also elements of the greater. [Citation.] . . . Under the accusatory pleading test, a lesser offense is included within the greater charged offense if the facts actually alleged in the accusatory pleading include all of the elements of the lesser offense." (People v. Bailey (2012) 54 Cal.4th 740, 748.)

Allen acknowledges, correctly, that lewd conduct is not a lesser included offense of indecent exposure under the statutory elements test. (See People v. Meeker (1989) 208 Cal.App.3d 358, 361-362 [lewd conduct requires touching, which is not an element of indecent exposure] (Meeker).) He also acknowledges that the information in this case essentially mirrored the language of section 314, subdivision (1) and did not allege touching. Hence, lewd conduct was not by any traditional application of the elements or accusatory pleading tests a lesser included offense of the indecent exposure charges against Allen.