STATE v. WILLARD

No. 23114.

933 P.2d 116 (1997)

129 Idaho 827

STATE of Idaho, Plaintiff-Respondent, v. Thomas Earl WILLARD, Defendant-Appellant.

Court of Appeals of Idaho.

February 26, 1997.


Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender, Boise; Amil N. Myshin Jr., Deputy Public Defender, for defendant-appellant.

Alan G. Lance, Attorney General; L. LaMont Anderson, Deputy Attorney General, Boise, for plaintiff-respondent.


LANSING, Judge.

This appeal presents an issue of first impression in Idaho—whether a defendant may be convicted of a crime for which the perpetrator's age is an element of the offense if the prosecution presented no direct evidence of the defendant's age.

FACTS AND PROCEDURAL BACKGROUND

Thomas Earl Willard was convicted of sexual abuse of a child by soliciting a minor under the age of sixteen years to participate in sexual acts, I.C. §...

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