According to the Minnesota Statutes, a child means anyone below the age of fifteen years. The statutes says that “A person 18 years of age or older who solicits a child or someone the person reasonably believes is a child to engage in sexual conduct or with intent to engage in sexual conduct is guilty of a felony” (The Office of the Reviser of Statute). In this case, to solicit means to entreat, command or attempt to persuade a person.
Joe Creepy had sex with Candy who is only fifteen years old. However, Candy had already proven to Joe that she was eighteen by producing her sisters’ birth certificate. Thus, Joe reasonably believed that Candy was not a child since had already proved so. When her parents confronted her, she accepted that she had informed Joe that she was eighteen and had showed him her sister’s birth certificate. Joe on his part was shocked to here that Candy was only fifteen years old. He argues that she looked eighteen and she had proven the same.
Joe on his part had committed no crime since he reasonably believed Candy was mature. Again, he did not solicit Candy; it was a mutual agreement between the two. Candy even accepts that she had proved to Joe that she was eighteen. If Joe had not seen the birth certificate, he would have committed a crime since mistaking someone’s age does not serve as defense according to the statute (The Office of the Reviser of Statute). Joe did not mistake Candy’s age because Candy had already produced a birth certificate and she accepts so. Candy oh her part was not forced into having sex since she says she loved Joe and wanted to have sex with him.
The Office of the Reviser of Statute. 2014 Minnesota Statutes. (n.d.). Retrieved July 25, 2015, from https://www.revisor.mn.gov/statutes/?id=609.352
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