T.M. v. State

OPINION

STATON, Senior Judge.

Felony under LC. § 385-42-4-3(a). T.M., a fifteen-year-old male, was charged with Child Molesting, a Class B Prior *774to the fact-finding hearing, the parties stipulated that TM. had sexual intercourse with AF., the victim. The only issue remaining before the trial court was A.F.'s age and T.M.'s mistake of fact defense.

A mutual friend had introduced TM. to AF. while they were all at Baker Pool. Several days later T. M and AF. had sexual intercourse at A.F.'s house. Later at a hearing, TM. testified that he thought AF. looked fourteen or fifteen years old. He…