5-7-12 State of Mind Requirements

1. In any prosecution for Aggravated Sexual Abuse, Sexual Abuse, Abusive Sexual Conduct based on the other party having not attained the age of twelve (12) or sixteen (16), it shall not be necessary for the Tribe to prove that the defendant had knowledge that the victim had not attained that age.
2. In any prosecution for Sexual Abuse or Abusive Sexual Conduct based on the other party having attained the age of twelve (12) years but not having attained the age of sixteen (16) years, it shall be an affirmative defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed the other party had attained the age of sixteen (16) years.