In any criminal prosecution under sections 18-7-402 to 18-7-407, it shall be no defense that the defendant did not know the child's age or that he reasonably believed the child to be eighteen years of age or older.
Source: L. 79: Entire part RC&RE, p. 742, § 1, effective May 31.
ANNOTATION
Law reviews. For article, "Mens Rea and the Colorado Criminal Code", see 52 U. Colo. L. Rev. 167 (1981).
This provision controls over § 18-1-503.5 and prohibits a defendant from offering a reasonable belief in age defense. People v. Houser, 2013 COA 11, 337 P.3d 1238; People v. Maloy, 2020 COA 71, 465 P.3d 146.
Denying mistake of age defense does not violate equal protection or due process of law. People v. Maloy, 2020 COA 71, 465 P.3d 146.
This section prevents a defendant from raising the defense that he believed that the prostitute was of legal age, but it does not relieve the prosecution of its burden of proving defendant's specific intent to engage in child prostitution. People v. Ross, 2019 COA 79, 482 P.3d 452, aff'd on other grounds, 2021 CO 9, 479 P.3d 910.