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151076 - People v Kameron Leo Kilgo

The People of the State of Michigan,
 
Timothy A. Baughman
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Wayne – Kenny, T.)
 
Kameron Leo Kilgo,
 
Wade McCann
 
Defendant-Appellant.
 

Summary

Defendant Kameron Kilgo subscribed to a web-based dating service whose members are required to be at least 18 years old.  Kilgo met the complainant through the website, and admits that he and the complainant engaged in sexual acts.  In fact, the complainant was only 15 years old.  Kilgo was charged with four counts of third-degree criminal sexual conduct (involving a victim over 13 but less than 16 years of age) under MCL 750.520d(1)(a).  Kilgo filed a motion to permit the presentation of a reasonable-mistake-of-age defense, but the trial court denied the motion, relying on People v Cash, 419 Mich 230 (1984).  Kilgo appealed, but the Court of Appeals denied leave to appeal.  The Supreme Court has asked the parties to address: (1) whether the Court’s decision in People v Cash remains viable; and (2) whether the denial of the ability to assert the defense of reasonable mistake of age or fact violates due process or equal protection principles.