What is the age threshold regarding 'mistake of age' as a defense?

In Missouri, the "mistake of age" defense is rooted in the legal principles that define statutory rape and sexual offenses involving minors. The relevant age thresholds are established under Missouri's criminal statutes.

When considering the age of the child, individuals under the age of 14 are not considered capable of consenting to sexual activities. Therefore, if a defendant engages in sexual conduct with a child under 14, there is no valid defense based on a "mistake of age." This means that regardless of whether the defendant believed the person to be older, the law does not permit this as a defense.

Conversely, for children under the age of 17, Missouri law does provide for the possibility of an affirmative defense based on a mistake regarding the child's age. This means that if the defendant reasonably believed that the child was at least 17 years old, they can potentially argue this in their defense, as the statute recognizes that there may be circumstances under which a defendant could mistakenly assume a child's age.

Therefore, the correct answer encompasses both the stipulations regarding age thresholds: it establishes that there is no defense at all if the child is under 14 and acknowledges an affirmative defense for those who mistakenly believe the child to be over 16 but under 17