## Facts

- Michael Trevor Martinez, age 19, had sexual intercourse with a 15-year-old girl.
- The State charged Martinez with unlawful sexual activity with a minor under Utah Code § 76-5-401.
- Before trial, Martinez moved in limine to present an affirmative defense that the girl represented herself as 17, arguing the statute required proof he knew (or should have known) her age.
- Martinez also argued that if the statute imposed strict liability as to age and barred a mistake-of-age defense, it violated due process.
- The trial court denied the motion, relying on Utah Code § 76-2-304.5, which excludes mistake as to the victim’s age as a defense for unlawful sexual intercourse.
- Martinez entered a conditional guilty plea, reserving the right to appeal the denial of his motion.

## Issues

1. Whether Utah Code § 76-5-401, together with § 76-2-304.5, makes the victim’s age a strict-liability element and precludes a mistake-of-age defense.
2. Whether imposing strict liability as to the victim’s age and barring a mistake-of-age defense violates federal due process.

## Decision

- The Utah Supreme Court affirmed the court of appeals and upheld Martinez’s conviction.
- The court held that the statutory scheme makes unlawful sexual activity with a minor strict liability with respect to the victim’s age and expressly bars a mistake-of-age defense.
- The court held that this strict-liability regime does not violate federal due process because it is rationally related to the legitimate governmental interest of protecting minors.

## Legal Principles

- When the legislature expressly removes mistake of age as a defense for unlawful sexual activity with a minor, the State need not prove the defendant’s knowledge of the victim’s age.
- Utah Code § 76-2-304.5 operates to preclude a mistake-of-age defense in prosecutions under § 76-5-401.
- Strict liability for an element of an offense may comply with federal due process where the statutory scheme bears a rational relationship to a legitimate governmental purpose, including protecting minors from sexual exploitation and deterring adult sexual contact with underage persons.

## Conclusion

Utah’s unlawful sexual activity with a minor statute imposes strict liability regarding the victim’s age and, by statute, excludes mistake of age as a defense; applying that scheme to convict an adult who had intercourse with a 15-year-old does not violate federal due process.


State v. Martinez, 52 P.3d 1276 (Utah 2002)