Perez v. State
New Mexico Supreme Court
803 P.2d 249 (1990)
- Written by Carolyn Strutton, JD
Facts
Fifteen-year-old Loretta was at her friend’s boyfriend’s house, and met Rudy Perez (defendant), a twenty-year-old man. Loretta told Perez that she was seventeen, and this statement about her age was also confirmed to Perez by another individual. Loretta had consensual sexual intercourse with Perez. Perez was charged with criminal sexual penetration, which criminalized sexual intercourse with a child between the ages of thirteen and sixteen by an individual at least eighteen years of age and at least four years older than the victim. Perez requested that his reasonable mistake as to the victim’s age should be considered but this request was denied because knowledge of the victim’s age was not an element of the crime. Perez was convicted, and appealed. The court of appeals confirmed his conviction, and Perez again appealed.
Rule of Law
Issue
Holding and Reasoning (Franchini, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
