State v. Elton

The defendant, 19, had sexual intercourse with a 14-year-old female, not his wife, and was found guilty by a jury of violating U.C.A., 1953, 76-5-401. 1 The offense is a third-degree felony, punishable by up to five years in prison. The trial court spared defendant the prison term, conditioned on a probationary completion of a half-way house program.

Defendant urges three points on appeal to the effect that (1) the offense charged requires a specific criminal intent, (2) his mistake in appraising the girl’s age constitutes a defense to the charge, and (3) failure to allow evidence as to…