2 ms·
It is not the same thing but it demonstrates the same point that under these charges Criminal Intent does not need to be proved, unlike most any other criminal
by will_brown 14y ago
It is not the same thing but it demonstrates the same point that under these charges Criminal Intent does not need to be proved, unlike most any other criminal charge.
I suppose I did not need to use a different hypothetical, but I thought it would demonstrate the point about intent, bc in my hypothetical the Defendant could not have had intent when a minor produces an ID that says 18, ie. how can you intend to have sex with a minor if you believe the individual is 18? You can not intend it, at least legally and I specifically used a hypothetical that creates some culpability on the minor, producing a fake ID, but even that is not a defense because that only goes to intent, the actual crime still occurred.
Back to the original hypothetical, keep in mind we are not talking about recording a crime in a public place, it is much more specific we are talking about recording statutory rape in a public place - there is no defense regarding intent bc it is a strict liability crime. Moreover, it does not matter it was inadvertent, a mistake or anything else if the video exists and you recorded your intent, or lack thereof, is not a valid defense to a strict liability crimes.