## Facts

- Don A. Elton, age 19, had sexual intercourse with a 14-year-old female who was not his wife.
- The State charged Elton under Utah Code Ann. § 76-5-401 (1953) (unlawful sexual intercourse with a minor), classified as a third-degree felony punishable by up to five years’ imprisonment.
- Elton asserted he was mistaken about the girl’s age and believed she was older.
- The trial court treated the offense as strict liability, excluded evidence of Elton’s belief about age, and refused to instruct the jury on mistake of age.
- A jury convicted Elton; the court imposed probation conditioned on completion of a halfway-house program rather than a prison term.
- Elton appealed, challenging the strict-liability characterization and the exclusion of mistake-of-age evidence.

## Issues

1. Whether unlawful sexual intercourse with a minor under Utah Code Ann. § 76-5-401 requires proof of specific criminal intent.
2. Whether a defendant’s mistake regarding the victim’s age is a defense to a charge under § 76-5-401.
3. Whether the trial court erred by excluding evidence of the defendant’s belief about age and refusing a jury instruction on mistake of age.

## Decision

- The Utah Supreme Court affirmed the conviction in a per curiam decision.
- The court held § 76-5-401 does not require proof of specific intent beyond the intentional commission of the sexual act.
- The court held mistake of age is not a defense to the offense.
- The court upheld the trial court’s exclusion of mistake-of-age evidence and refusal to instruct the jury on that theory.
- The court noted that concerns about fairness from honest mistakes may be addressed through sentencing leniency rather than by altering guilt requirements.

## Legal Principles

- Statutory rape-type offenses under § 76-5-401 are malum prohibitum and impose strict liability once the prohibited act is completed.
- The State need not plead or prove a defendant’s knowledge of the victim’s age or any specific intent related to age.
- A defendant’s reasonable or honest mistake as to the victim’s age does not negate criminal liability under the statute as written.
- Policy choices about age thresholds and any exceptions (including a mistake-of-age defense) are for the legislature, not courts.
- Mitigating factors related to belief or mistake may be considered at sentencing, not as a defense to guilt.

## Conclusion

The Utah Supreme Court affirmed Elton’s conviction, holding that unlawful sexual intercourse with a minor under § 76-5-401 is a strict-liability offense for which mistake of age is not a defense, and the trial court properly excluded such evidence and declined to instruct the jury on it.


State v. Elton, 657 P.2d 1261 (Utah 1982)