North Carolina v. Breathette
Court of Appeals of North Carolina
690 S.E.2d 1 (2010)
Nineteen-year-old Breathette (defendant) met 13-year-old Beth online, where Beth misrepresented her age as 17 and later accessed an adult-oriented website requiring users to confirm they were over 18, leading Breathette to believe Beth was an adult; after Breathette brought Beth to her apartment for a weekend of sexual activity, Beth eventually sought help and Breathette was charged with taking indecent liberties with a minor. At trial, Breathette requested a jury instruction that a reasonable mistaken belief about Beth's age would negate the required intent, but the trial court refused, and Breathette was convicted and appealed.
Whether mistake of age is a valid defense to a charge of taking indecent liberties with a minor, even if the defendant's mistaken belief about the victim's age was reasonable.