People v. Dozier
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
Convicted, upon his plea of guilty, of rape in the third degree, in that being over the age of 21 years, he had sexual intercourse with a female less than 17 years of age (Penal Law, § 130.25, subd 2), defendant challenges New York’s statutory rape law as violative of due process and equal protection. Specifically, defendant claims that the statute offends constitutional precepts because it does not permit ignorance, fraud or mistake as to the female’s age to be asserted as a defense and, further, that it arbitrarily and capriciously fixes the age at which a…
2Cases cited40 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- McGowan v. MarylandSupreme Court of the United States · 1961
- Roth v. United StatesSupreme Court of the United States · 1957
- Shapiro v. ThompsonSupreme Court of the United States · 1969
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3Cited by14 opinions
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- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HalmAppellate Division of the Supreme Court of the State of New York · 1992
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