STATE EX REL. W.C.P.

No. 981137-CA.

974 P.2d 302 (1999)

1999 UT App 035

STATE of Utah, in the interest of W.C.P., a person under eighteen years of age. W.C.P., Appellant, v. State of Utah, Appellee.

Court of Appeals of Utah.

February 11, 1999.


Attorney(s) appearing for the Case

L. Clark Donaldson, Salt Lake City, for Appellant.

Jan Graham, Atty. Gen., and Joanne C. Slotnik, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and JACKSON.


OPINION

JACKSON, Judge:

¶ 1 Defendant was convicted in juvenile court of rape of a child, in violation of Utah Code Ann. § 76-5-402.1 (Supp.1998), a first degree felony if committed by an adult. On appeal, defendant argues: (1) The State must prove his mens rea as to the victim's age; (2) the charge against him should be reduced to fornication, Utah Code Ann. § 76-7-104 (1995); and (3) the rape of a child statute is unconstitutionally vague...

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