Notice: The Courts of the Ninth Circuit website is currently undergoing migration to a new platform. You have been redirected here while the migration is completed. The full manuals are available to browse here.
You are here
20.15 Sexual Abuse—Defense of Reasonable Belief of Minor’s Age (18 U.S.C. § 2243(c)(1))
20.15 Sexual Abuse—Defense of Reasonable Belief of Minor’s Age
(18 U.S.C. § 2243(c)(1))
(18 U.S.C. § 2243(c)(1))
It is a defense to the charge of [attempted] sexual abuse of a minor that the defendant reasonably believed that the minor had reached the age of sixteen. The defendant has the burden of proving that it is more probably true than not true that the defendant reasonably believed that the minor had reached the age of sixteen.
If you find that the defendant reasonably believed that the minor had reached the age of sixteen, you must find the defendant not guilty.
Comment
This defense applies only to offenses under 18 U.S.C. § 2243(a). See Instructions 20.11 (Sexual Abuse of Minor (18 U.S.C. § 2243(a))) and 20.12 (Attempted Sexual Abuse of Minor (18 U.S.C. § 2243(a))).