Court of Appeals of North Carolina
690 S.E.2d 1 (2010)
Nineteen-year-old Yasmin Breathette (defendant) met 13-year-old B.W. (Beth) on the website MySpace. Beth’s MySpace page said that she was 99 years old. Beth later said that she did not want people on MySpace to know her real age. When Breathette asked Beth how old she was, Beth said that she was 17 years old. Beth and Breathette began contacting each other via texts and phone calls. Soon after meeting online, Breathette brought Beth to her apartment to spend the weekend together. Breathette and Beth engaged in sexual relations throughout the weekend, but after an argument, Beth sought help from Breathette’s friend. The police were called, and Beth was taken home. The police interviewed Breathette, who said that she and Beth had met online and wanted to date each other. Breathette admitted that she and Beth engaged in sexual relations. Breathette was arrested and charged with taking indecent liberties with a minor. At trial, Breathette testified about first meeting Beth on MySpace, and said that she later found Beth on another website for people of all sexual persuasions. Breathette testified that she believed Beth was over 18 years old because the website required all visitors to confirm they were 18 years or older before entering the website. The defense asked the trial court to instruct the jury that if Breathette reasonably but mistakenly believed that Beth was over 15 years old, Breathette did not have the requisite intent to commit the crime and should be acquitted. The trial court refused, and Breathette was convicted. Breathette appealed, arguing that the trial court’s refusal to issue the requested jury instruction on the defense of mistake of age was reversible error.
Rule of Law
Holding and Reasoning (Hunter, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.