Perez v. State

803 P.2d 249 (1990)

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Nature of the Case

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Facts

Loretta was out for the weekend with her girlfriend, Missy. The girls went to the home of Missy's boyfriend. D was a friend of Billy and was introduced to Loretta. D had sex with Loretta that evening. The sex was consensual. Missy testified that D asked Loretta her age and Loretta said she was seventeen. D also was told by someone else that Loretta was seventeen. Loretta was fifteen. D was twenty years old. D was charged with criminal sexual penetration, which prohibits sexual penetration of a child thirteen to sixteen years of age if the perpetrator is at least eighteen years of age and at least four years older than the child. The trial court found that D in good faith believed that Loretta was seventeen, but the court nevertheless found D guilty. D appealed from an affirmation of the judgment.