13-1407

13-1407. Defenses

A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405
involving a minor if the act was done in furtherance of lawful medical practice.

B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in
which the victim's lack of consent is based on incapacity to consent because the victim
was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in
the conduct constituting the offense the defendant did not know and could not reasonably
have known the age of the victim.

C. It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405
or 13-1406 if the act was done by a duly licensed physician or registered nurse or a
person acting under the physician's or nurse's direction, or any other person who renders
emergency care at the scene of an emergency occurrence, the act consisted of
administering a recognized and lawful form of treatment that was reasonably adapted to
promoting the physical or mental health of the patient and the treatment was administered
in an emergency when the duly licensed physician or registered nurse or a person acting
under the physician's or nurse's direction, or any other person rendering emergency care
at the scene of an emergency occurrence, reasonably believed that no one competent to
consent could be consulted and that a reasonable person, wishing to safeguard the welfare
of the patient, would consent.

D. It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the
person was the spouse of the other person at the time of commission of the act. It is
not a defense to a prosecution pursuant to section 13-1406 that the defendant was the
spouse of the victim at the time of commission of the act.

E. It is a defense to a prosecution pursuant to section 13-1404 or 13-1410 that the
defendant was not motivated by a sexual interest. It is a defense to a prosecution
pursuant to section 13-1404 involving a victim under fifteen years of age that the
defendant was not motivated by a sexual interest.

F. It is a defense to a prosecution pursuant to sections 13-1405 and 13-3560 if the
victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen
years of age or attending high school and is no more than twenty-four months older than
the victim and the conduct is consensual.