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PEOPLE v. OLSEN

Docket No. Crim. 23510.

36 Cal.3d 638 (1984)

685 P.2d 52

205 Cal. Rptr. 492

THE PEOPLE, Plaintiff and Respondent, v. EDWARD EINAR OLSEN, Defendant and Appellant.

Supreme Court of California.

August 23, 1984.

Attorney(s) appearing for the Case

COUNSEL

Gregory H. Saldivar, under appointment by the Supreme Court, for Defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Kristofer Jorstad, Gloria F. DeHart and Mary A. Roth, Deputy Attorneys General, for Plaintiff and Respondent.

Christopher G. Money, District Attorney (San Luis Obispo), and Robert Rabe, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

BIRD, C.J.

Is a reasonable mistake as to the victim's age a defense to a charge of lewd or lascivious conduct with a child under the age of 14 years (Pen. Code, § 288, subd. (a)1)?

I.

In early June 1981, Shawn M. was 13 years and 10 months old. At that time, her parents were entertaining out-of-town guests. Since one of the visitors...

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