dose mistake of age apply if you live in the ninth circuit
the Ninth Circuit noted, however, that “the statute is silent on whether reasonable mistake of age may serve as an affirmative defense[,]” and “unlike the question whether scienter should be an element of the governments prima facie case, there is no evidence that Congress considered and rejected the possibility of providing for such a defense.” Id. at 542. In the factual context of the prosecution of the defendants for the alleged production of a pornographic film featuring a sixteen-year-old actress, the court concluded that the First Amendment requires a reasonable mistake-of age defense:
The court thus en grafted a mistake-of-age defense onto the statute, albeit a narrow one”: “A defendant may avoid conviction only by showing, by clear and convincing evidence, that he did not know, and could not reasonably have learned, that the actor or actress was under 18 years of age.”
This appears to be a federal court decision about a federal statute.
I could not tell when this decision was made and whether it is still good law.
consult a lawyer
Sorry, Mr. Traci Lords, but you are going to Google lawyer yourself into a conviction in a hurry. You need to stay off public forums and confine your questions to the criminal defense lawyer you hire to address this. Two lawyers I would suggest you look up in that regard are AJ Comparetto, Esq, or Luke Lirot, Esq. both in Tampa. They should be listed in the find a lawyer feature.
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Good luck with that.
Do yourself a favor: Stop playing lawyer and hire one.
Wishing you good judgment, luck and hoping that I have been helpful in answering your question.
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