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One Court of Justice Blog

May 28, 2015

MSC grants mini-oral argument on whether reasonable mistake of age is a defense to third-degree criminal sexual conduct involving a 13 to 16-year-old

In People v. Kilgo, No. 151076, the Michigan Supreme Court granted mini-oral argument on the application for leave to appeal, directing the parties to brief the issue of whether its decision in People v. Cash, 419 Mich 230 (1984) remains viable. In People v. Cash, the Michigan Supreme Court held that a reasonable mistake of age is no defense in a prosecution for third-degree criminal sexual conduct involving a 13 to 16-year-old. The court also directed the parties to brief whether the denial of the ability to assert a reasonable mistake of age defense in this context violates due process or equal protection principles.

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