• 2003 - Affirmative Defense
  • K-7.23
    • Children And Minors
    • Defenses
    • Majority
    • Rape
    • Sex Crimes
    • Sex Crimes
  • [When the criminality of conduct depends on a child’s being below the age of fifteen (15), it is no defense that the actor did not know the child’s age, or reasonably believed the child to be older than fourteen.] [It is an affirmative defense to the offense charged that the Defendant reasonably believed _______________ to be an adult at the time of the alleged offense.]

     

    Having asserted this defense, the burden rests upon the Defendant to prove it by the greater weight of the evidence. Evidence is of greater weight if, when considered and compared with opposing evidence, it is more persuasive and convinces you that what the Defendant seeks to prove is more likely so than not so. It is immaterial who produces the persuasive evidence.

     

    Accordingly, although the State may have proved beyond a reasonable doubt all of the essential elements of the offense charged, a Defendant who has proved the affirmative defense by the greater weight of the evidence cannot be found guilty. In that event, you shall return a verdict of "Not Guilty."


    *****

    • 12.1-20-05.1
  • Notes: 2009 - renumbered, no changes