566.020. Mistake as to age — consent not a defense, when.
Thinking a child is older is usually not a defense in sex crime cases
In a sex crime case in Missouri, if a child is under 14, the law doesn’t allow a defense based on mistaken age or consent. For children under 17, there may be limited exceptions.
1. If the crime involves a child under 14, it is not a defense that the defendant believed the child was older.
2. If the crime involves a child under 17, the defendant may claim as a defense that they reasonably believed the child was 17 or older.
3. A child under 14 cannot legally consent, so consent is not a defense to any charge under this chapter if the alleged victim is under 14.
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