ID · jury_instructions
ICJI 932
Consent of Victim No Defense
You are instructed that it is not a defense to the crime of [name of offense] that [name or initials of victim] may have consented to the alleged conduct.
Comment
This instruction would only apply when the defendant is alleged to have violated a statute prohibiting certain sexual conduct with persons under a specified age. State v. Herr, 97 Idaho 783, 554 P.2d 961 (1976).
The victim of statutory rape cannot consent to the sexual intercourse, State v. Herr, 97 Idaho 783, 554 P.2d 961 (1976); consent is not a defense to the crime of lewd conduct with a child under sixteen, State v. Schwartzmiller, 107 Idaho 89, 685 P.2d 830 (1984); and consent is not a defense to the crime of sexual battery of a child sixteen or seventeen years of age, State v. Oar, 129 Idaho 337, 340, 924 P.2d 599, 602 (1996). State v. Knutsen, 158 Idaho 199, 345 P.3d 989 (2015).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
f47b23caa5c2b200f1fcd367448855e38e737020265a84987355458d4f7f9f96
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