CanI be prosecuted for unknowingly having sex with a minor who lied about his age?

UPDATED: Jan 14, 2012

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CanI be prosecuted for unknowingly having sex with a minor who lied about his age?

Asked on January 14, 2012 under Criminal Law, Arkansas


Russ Pietryga / Pietryga Law Office

Answered 11 years ago | Contributor

Yes. What you are asking about is the defense of "Ignorance or mistake of fact or law".

However, it is not a defense to the crime of unlawful sexual activity with a minor, sexual abuse of a minor, or an attempt to commit either of these offenses, that the actor (you) mistakenly believed the victim to be 16 years of age or older at the time of the alleged offense or was unaware of the victim's true age.

Hope this helps.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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