State v. Marciano

Otis, Justice.

Defendant had pled guilty to an information charging him with having had sexual intercourse with a girl 16 years of age, in violation of Minn. St. 609.295(4). He was sentenced according to law for a term not exceeding 3 years and appeals from that conviction.

The issue before us is whether defendant should have been permitted to show lack of criminal intent because of a reasonable belief that the victim was over the age of consent and whether, under such circumstances, the following provision of Minn. St. 609.02, subd. 9(6), is unconstitutional:

“Criminal intent does not require…