P. v. Hyder
Defendant Roger Hyder appeals from a judgment convicting him of attempting to commit a lewd act on a child under the age of 14 and attempting to distribute lewd matter to a minor by Internet or electronic mail. The intended victim was an adult private investigator posing as a 12-year-old girl named Lisa. Defendant testified that he did not believe that Lisa was under the age of 14 and thought she was an adult role playing as a child. Defendant contends that the trial court erred in instructing the jury that to negate the charged offenses his belief that Lisa was an adult had to be reasonable. He argues that an honest but unreasonable mistake of fact is a defense to the specific intent crimes with which he was charged. Court agree, but conclude that the instructional error was harmless.
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