North Carolina v. Breathette
690 S.E.2d 1 (2010) (2010)
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Rule of Law:
A defendant's reasonable but mistaken belief about a minor's age is not a valid defense to a charge of taking indecent liberties with a minor under N.C. Gen. Stat. § 14-202.1. The statute creates a strict liability offense with respect to the victim's age, reflecting a strong legislative policy to protect children.
Facts:
- Yasmin Pecolia Breathette, age 19, met B.W. ('Beth'), age 13, on the social networking website MySpace.
- Beth's MySpace page falsely indicated she was 99 years old, and when Breathette asked her age, Beth lied and said she was 17.
- Breathette also found Beth on a website called 'downylink.com', which required users to verify they were 18 years of age or older, reinforcing Breathette's belief that Beth was an adult.
- Breathette drove from Winston-Salem, NC, picked Beth up in South Carolina, and brought her back to Breathette's apartment for the weekend.
- Over the weekend, Breathette and Beth engaged in consensual sexual acts, including kissing, Breathette kissing Beth's breast, performing digital penetration, and performing oral sex on Beth.
- The two had an argument, and Breathette locked Beth out of her apartment.
- Beth later reported the sexual contact to a friend's mother, who contacted the police.
Procedural Posture:
- The State charged Yasmin Pecolia Breathette in trial court with two counts of taking indecent liberties with a minor and other related offenses.
- At the close of the State's evidence, the trial court dismissed several charges but denied the motion to dismiss the two counts of taking indecent liberties.
- Breathette requested a jury instruction that a reasonable mistake of age is a valid defense, which the trial court refused to give.
- A jury found Breathette guilty of both counts of taking indecent liberties with a minor.
- Breathette (appellant) timely appealed her convictions to the North Carolina Court of Appeals.
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Issue:
Does a defendant's reasonable mistake of fact regarding a minor's age constitute a valid legal defense to a charge of taking indecent liberties with a minor under N.C. Gen. Stat. § 14-202.1?
Opinions:
Majority - Hunter, Robert C., Judge
No, a defendant's reasonable mistake of fact regarding a minor's age does not constitute a valid legal defense to a charge of taking indecent liberties with a minor. The plain language of N.C. Gen. Stat. § 14-202.1 does not contain a mens rea (guilty mind) requirement as to the victim's age; it only requires proof that the victim was, in fact, under the age of 16. The court reasoned that the legislative policy behind the statute is to provide broad protection to children from the sexual conduct of older persons. Therefore, the offense is one of strict liability regarding the victim's age, and an individual who engages in such acts with a child does so at their own peril, regardless of a good faith belief that the child was of legal age.
Analysis:
This decision establishes that taking indecent liberties with a minor is a strict liability crime in North Carolina with respect to the victim's age. The ruling clarifies that the prosecution is not required to prove the defendant knew the victim was underage, thereby rejecting the 'mistake of age' defense entirely for this offense. This holding solidifies the state's strong public policy of protecting children by placing the entire burden on the adult to be absolutely certain of their partner's age before engaging in sexual conduct. The decision significantly limits defense strategies in such cases, as a defendant's subjective belief or the reasonableness of that belief is now legally irrelevant to the age element of the crime.
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