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State v. Holmes

Supreme Court of New Hampshire

920 A.2d 632 (2007)

Relevant factsFree

Martin Holmes (defendant), 24, met a 15-year-old victim who told him she was 17; the two exchanged numbers, and about a week later, the victim, while intoxicated, called Holmes and arranged to meet him in a park, where they had sexual intercourse. Holmes was convicted of felonious sexual assault for penetrating a person between 13 and 16 years old, and he appealed, arguing the trial court erred by not requiring the prosecution to prove he knew the victim was under the age of consent.

IssueFree

Whether, under state law, knowledge of the victim's age is a required element of statutory rape.

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