What is the current state of the law on good faith belief in age as a defense to statutory rape?

California, United States of America


The following excerpt is from People v. Farley, 109 Cal.Rptr. 59, 33 Cal.App.3d Supp. 1 (Cal. Super. 1973):

People v. Hernandez, Supra, 61 Cal.2d 529, 532--533, 39 Cal.Rptr. 361, 363 (good faith belief in appropriate age a defense to statutory rape). 'In numerous instances, culpability has been completely eliminated as a necessary element of criminal conduct in spite of the admonition of section 20 to the contrary . . .. More recently, however, this court has moved away from the imposition of criminal sanctions in the absence of culpability where the governing statute, by implication or otherwise, expresses no legislative intent or policy to be served by imposing strict liability.'

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