Legal Opinion

State Ex Rel. W.C.P.

Court of Appeals of Utah

Decided February 11, 1999No. 981137-CAPublishedCited by 7 opinions

1Opinion of the Court

OPINION

JACKSON, Judge:

¶ 1 Defendant was convicted in juvenile court of rape of a child, in violation of Utah Code Ann. § 76-5-402.1 (Supp.1998), a first degree felony if committed by an adult. On appeal, defendant argues: (1) The State must prove his mens rea as to the victim’s age; (2) the charge against him should be reduced to fornication, Utah Code Ann. § 76-7-104 (1995); and (3) the rape of a child statute is unconstitutionally vague. We affirm.

BACKGROUND

¶ 2 Defendant, a fifteen-year-old boy, had sexual intercourse with a thirteen-year-old girl (the victim) at her home. They had had…

2Cases cited15 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. United States v. LanierSupreme Court of the United States · 1997
  3. Society of Separationists, Inc. v. WhiteheadUtah Supreme Court · 1993
  4. State v. ShondelUtah Supreme Court · 1969
  5. Evans v. StateUtah Supreme Court · 1998

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. MartinezUtah Supreme Court · 2002
  2. State v. GreenCourt of Appeals of Utah · 2000
  3. State v. HoustonCourt of Appeals of Utah · 2000
  4. State v. NortonCourt of Appeals of Utah · 2003
  5. State Ex Rel. WcpCourt of Appeals of Utah · 1999

2 more not listed; retrieve them via the Exa API.

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