FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 5 - CHAPTER 59
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59.2 Age Of Victim

    59.2.1 Defendant’s Mistake As To Age Of Victim
    59.2.2 Definitions: Over The Age Of Begins As Soon As The Person Reaches That Age


FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 5 - CHAPTER 59

    59.2.1    Defendant’s Mistake As To Age Of Victim

    See FORECITE National™ 81.2.3.1 [Mistake Of Fact As To Age: Serving Alcohol To Minors].

    See also FORECITE National™ 93.1.2.3 [Kidnapping: Victim Under 14 -- Mistake Of Fact As To Age Not A Defense].

    See also FORECITE National™ 101.2.3.1 [Statutory Rape/Unlawful Sexual Intercourse: Mistake Of Fact Regarding Victim's Age As Defense Theory].

    See also FORECITE National™ 101.4.2.3 [Lewd Act With Child: Mistake Of Age Defense Inapplicable].

    See also FORECITE National™ 101.7.3.3 [Pornography: Mistake Of Fact As To Age Of Victim].


FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 5 - CHAPTER 59

    59.2.2    Definitions: Over The Age Of Begins As Soon As The Person Reaches That Age

SAMPLE INSTRUCTION:

    In deciding whether the defendant was over the age of _____ (e.g., 14), the _________ (e.g., 14th) birthday is the determining day. As of the first moment of the ________ (e.g., 14th) year the person is over the age of 14.

[See Application Of Smith (OK 1960) 351 P2d 1076.]