State v. Elton

STEWART, Justice:

We have previously issued a per curiam opinion in this case, now published at 657 P.2d 1261. That opinion concluded that reasonable mistake of age could not be raised as a defense in a prosecution for unlawful sexual intercourse as defined in U.C.A., 1953, § 76-5-401. We later withdrew that opinion for the purpose of re*728hearing the case and addressing more fully an issue of first impression. Upon reconsideration, we vacate our previous opinion and set aside the trial court’s judgment of conviction and remand.

Defendant was convicted of the crime of unlawful sexual intercourse,…