Is simple battery or sexual battery a lesser included crime?

An offense is a lesser included offense of the charged offense if (1) the statutory elements of the greater offense, or (2) the facts alleged in the accusatory pleading, include all the elements of the lesser offense so that the greater cannot be committed without also committing the lesser. (People v. Birks (1998) 19 Cal.4th 108, 117; People v. Reed (2006) 38 Cal.4th 1224, 12271228.) We will assume for the purposes of addressing defendant's argument that both simple battery and sexual battery are lesser included offenses of sexual penetration with a foreign object. (See CALCRIM No. 1045, Bench Notes [listing 242, but not 243.4, as a lesser included offense]. We, nevertheless, disagree that instructions on these crimes as lesser included offenses were warranted.