No “strict liability” for soliciting online that is minor intercourse, if small stated she had been over the chronilogical age of consent

No “strict liability” for soliciting online that is minor intercourse, if small stated she had been over the chronilogical age of consent

State you will be attempting to select some body up on line for intercourse. You’ve never met in individual, but she lets you know in your conversation that is online that above the chronilogical age of permission (16 in many states, 17 in a few other people, 18 in still others). Let’s state she is: It turns out that she’s underage that you have no reason to think she’s lying, but. You never meet and also you never have intercourse. Could you nevertheless be prosecuted for soliciting a small for intercourse, for a “strict obligation” theory — i.e., though you didn’t know this or have reason to know it that you were trying to pick up someone who turns firstmet out to be underage, even?

No, says today’s Minnesota Court of Appeals choice in State v. Moser, keeping that a situation liability that is strict statute had been unconstitutional.

The court acknowledges there are two areas had been liability that is strict typically permitted:

“public welfare offenses” that tend to transport fairly low punishments (such as for example “failing to create evidence of insurance on a vehicle” or “the sale of contaminated or adulterated meals or drugs”), and rape that is statutory. Nevertheless the court concludes that this felony intercourse offense statute can’t qualify as a “public welfare offense.” And also the rape that is statutory, the court states, does not work due to the fact statutory rape exclusion rests in the concept that folks whom meet other people for intercourse can fairly figure out their potential partner’s age; that’s extremely hard when anyone are only soliciting sex online, before a gathering:

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