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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Criminal) 20.24

Sexual Exploitation of Child—Defense of Reasonable Belief of Age

activein force · 2026-08-20 – presentas-observed

It is a defense to a charge of sexual exploitation of a child that the defendant did not know, and could not reasonably have learned, that the child was under 18 years of age.

The defendant has the burden of proving by clear and convincing evidence—that is, that it is highly probable—that the defendant did not know and could not reasonably have learned that [name of victim] was under 18 years of age. Proof by clear and convincing evidence is a lower standard of proof than proof beyond a reasonable doubt.

If you find by clear and convincing evidence that the defendant did not know and could not reasonably have learned that the child was under 18 years of age, you must find the defendant not guilty of the charge of sexual exploitation of a child.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
3193da6c7f1c91961e10ad748e9bf62795701cae8be4d0176fbcd5d27f886187
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