Statutes | Confederated Tribes of the Umatilla Indian Reservation Crim. Code Chapter 4 Part XII ยง 4.106 | 2019
A. In any prosecution under these provisions relating to sexual offenses in which the criminality of conduct depends on a childs being under the age of 16, it is no defense that the defendant did not know the childs age or that he reasonably believed the child to be older than the age of 16.
B. When criminality depends on the childs being under a specified age other than 16, it is an affirmative defense for the defendant to prove that he reasonably believed the child to be above the specified age at the time of the alleged offense.
C. In any prosecution under these provisions relating to sexual offenses in which the victims lack of consent is based solely upon his incapacity to consent because he is mentally defective, mentally incapacitated or physically helpless, it is an affirmative defense for the defendant to prove that at the time of the alleged offense he did not know of the facts or conditions responsible for the victims incapacity to consent.