Criminal sexual conduct in the first degree requires a sexual battery accomplished with aggravated force or under circumstances where the victim of the sexual battery is also the of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or anything other similar offense or act. A violation of this section is punishable by imprisonment for up to thirty years.
In reviewing the case of State v. Ervin to be on point with the criminal sexual conduct in the first degree, here Ervin argues the amendment of his indictment and the submission to the jury of “assault with the intent to commit criminal sexual conduct in the first