Introduction of a Mistake of Age Defense to a Child Pornography Prosecution

• NCJ Number: 156479
• Journal: Maryland Law Review Volume: 54 Issue: 3 Dated: (1995) Pages: 775-788
• Author(s): M G Zaleski III
• Date Published: 1995
• Length: 14 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

In Outmezguine v. State, the Maryland Court of Appeals held that Article 27, Section 419A(c) of the Maryland Code does not include knowledge of the child's age as an element of the offense of child pornography.

Abstract

The court also concluded that in the absence of a statutory prohibition, a reasonable mistake of age defense would be available against a prosecution under Section 419A(c). The court rejected the defendant's constitutional scienter arguments and held that the First Amendment does not require knowledge of the minor's age to be an element of the crime, nor does it require a reasonable mistake of age defense. Thus, the decision represents a continuation of the court's practice of judicial deference to the Maryland legislature in the area of strict liability crimes. Therefore, the way remains open for the legislature to reexamine these issues. Footnotes