State v. Holmes

920 A.2d 632 (2007)

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Nature of the Case

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Facts

D is twenty-four years old. The victim met D while walking with a friend in Rochester. She was fifteen years old, and lied to D and said she was seventeen. They exchanged telephone numbers and spoke on the phone a few days later. After consuming alcohol, the victim phoned D and arranged to meet him at a local park, where they eventually had sexual intercourse. D was charged with felonious sexual assault for having engaged in sexual penetration with a person, other than his legal spouse, who was then fifteen years old. D moved to dismiss the charge on the ground that the State had failed to prove that he knew that the victim was less than sixteen years of age. The court refused. D was convicted and appealed.