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Commonwealth v. Harris

Appeals Court of Massachusetts

74 Mass. App. Ct. 105 (2009)

Relevant factsFree

Harris (defendant) drove three men to meet and transport a 13-year-old girl he admitted looked young, buying alcohol for her and driving the group to a motel where the men had sex with her while she drifted in and out of consciousness; convicted of statutory rape as a joint venturer, Harris argued on his new-trial motion that the prosecution failed to prove he knew the victim was underage.

IssueFree

Whether the prosecution is required to prove that the defendant knew the victim was underage in a statutory rape prosecution as a joint venturer who was present for the offense.

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