Tag Archives: CC 1102


When is a Mistake of Fact as to Victim’s Age a Defense?
July 15th, 2021

PC 261; PC 261.5(a) & (b); 289(h)&(i) In People v. Hernandez (1964) 61 Cal.2d 529, 529-530 the CSC analyzed the legislative intent behind PC 261, which defined sex with a female under the age of 18 years as rape (commonly known as statutory rape). The issue in the case was whether “the trial court erred […]


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