ID · jury_instructions
ICJI 909
Reasonable Belief As To Age
You are instructed that it is not a defense to the crime of [name of offense charged] that the defendant did not know the age of [name or initials of victim], or that the defendant reasonably and in good faith believed that [name or initials of victim] was [sixteen (16)] [eighteen (18)] years of age or older.
Comment
I.C. § 18-6101(1) and (2).
This instruction would apply to any sex crime where the victim as a matter of law is held too young to give lawful consent to the defendant's conduct. State v. Stiffler, 117 Idaho 405, 788 P.2d 220 (1990) (statutory rape); State v. Herr, 97 Idaho 783, 554 P.2d 961 (1976) (lewd and
lascivious conduct); and State v. Suennen, 36 Idaho 219, 209 P. 1072 (1922).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
9473e67f6467649716fd6e5c774b86c74a8b9e8ee0be80cd8d3158949da69a22
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