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Perez v. State

New Mexico Supreme Court
803 P.2d 249 (N.M. 1990)


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


Holding and Reasoning (Franchini, J.)

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