76-2-304.5 - Mistake as to victim's age not a defense.
76-2-304.5. Mistake as to victim's age not a defense.
(1) It is not a defense to the crime of child kidnaping, a violation of Section 76-5-301.1;rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section76-5-402.3; sodomy upon a child, a violation of Section 76-5-403.1; or sexual abuse of a child, aviolation of Section 76-5-404.1; or aggravated sexual abuse of a child, a violation of Subsection76-5-404.1(4); or an attempt to commit any of those offenses, that the actor mistakenly believedthe victim to be 14 years of age or older at the time of the alleged offense or was unaware of thevictim's true age.
(2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation ofSection 76-5-401, sexual abuse of a minor, a violation of Section 76-5-401.1, or an attempt tocommit either of these offenses, that the actor mistakenly believed the victim to be 16 years ofage or older at the time of the alleged offense or was unaware of the victim's true age.
Amended by Chapter 149, 2003 General Session