State v. Guest, 583 P.2d 836 (1978) p245.
Facts:
D believed alleged victim was 16 years or older at the time of intercourse.
Court ordered it would instruct the jury to find D innocent if they found he believed the girl to be 16 years or older.
Procedure:
State petitioned for review of the charge to the jury.
Issue:
Can an honest and reasonable mistake regarding a victim's age serve as a defense to a charge of statutory rape?
Rule:
Holding:
A charge of statutory rape is defensible where an honest and reasonable mistake of fact as to the victim's age is shown.
Rationale:
It is necessary to show criminal intent.
Policy/Notes:
anderson v. State OVERRULED.