8.178 Sexual Abuse-Defense of Reasonable Belief of Minor's Age (18 U.S.C. Sec. 2243(c)(1)

• Category: Federal - Jury Instructions - 9th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-9THCIR-8-178-CR
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 8.178 Sexual Abuse-Defense of Reasonable Belief of Minor's Age (18 U.S.C. Sec. 2243(c)(1)) is a law that provides a defense to prosecution for sexual abuse of a minor when it can be demonstrated that the accused person reasonably believed that the minor was 18 years of age or older. This defense is available to those who are charged with committing indecent liberties of a minor, sexual abuse of a minor, incest, or carnal knowledge of a minor. The defense must demonstrate that the accused person had a reasonable basis for believing the minor to be of legal age, which may include asking for identification or considering the minor’s physical appearance. This defensive opportunity is not available to those who are charged with rape or sexual assault.

8.178 Sexual Abuse-Defense of Reasonable Belief of Minor's Age (18 U.S.C. Sec. 2243(c)(1)) is a law that provides a defense to prosecution for sexual abuse of a minor when it can be demonstrated that the accused person reasonably believed that the minor was 18 years of age or older. This defense is available to those who are charged with committing indecent liberties of a minor, sexual abuse of a minor, incest, or carnal knowledge of a minor. The defense must demonstrate that the accused person had a reasonable basis for believing the minor to be of legal age, which may include asking for identification or considering the minor’s physical appearance. This defensive opportunity is not available to those who are charged with rape or sexual assault.