Alaska Stat. § 11.66.110(b) precludes mistake of age as a defense to the offense of promoting prostitution in the first degree.
Defendant sought review of the judgment of the superior court which convicted him of promoting prostitution and managing a prostitution enterprise. The defendant argued that he mistook the age of the girls he procured into prostitution, who were 16 and 14-years-old.
Whether a mistake of age defense was available to a defendant who procured 16 and 14-year-old girls into prostitution?
The court found that the mistake of age defense was not available to the defendant. The act of procuring another ofr purposes of prostitution was malum in se, without regard to the age of the person procured, and thus, in a prosecution for procuring a person under the age of 16 years, the intent to procure satisfied the minimal constitutional requirement of criminal intent.Judgment against defendant affirmed.