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1 Provided, that it is a defense, which the defendant must <br /> prove by a preponderance of the evidence, that at the time <br /> 2 of the offense, the defendant reasonably believed the <br /> alleged victim to be at least eighteen years of age based <br /> 3 on declarations of the alleged victim. <br /> 4 D. In a prosecution under EMC 10.32.020, it shall be an <br /> affirmative defense that the defendant was a law <br /> 5 enforcement officer in the process of conducting an <br /> official investigation of a sex-related crime against a <br /> 6 minor. <br /> 7 E. In a prosecution under EMC 10.32.020 or 10.32.030, the City <br /> is not required to establish the identity of the alleged <br /> 8 victim. <br /> 9 <br /> is hereby amended to read as follows: <br /> 10 <br /> 11 Certain Defenses Barred, Permitted <br /> 12 A. Law enforcement and prosecution agencies shall not employ <br /> minors to aid in the investigation of a violation of EMC <br /> 13 10.32.040. This chapter does not apply to individual case <br /> treatment in a recognized medical facility or individual <br /> 14 case treatment by a psychiatrist or psychologist licensed <br /> under Title 18 RCW, or to lawful conduct between spouses. <br /> 15 <br /> B. In a prosecution under EMC 10.32.030, it is not a defense <br /> 16 that the defendant did not know the age of the child <br /> depicted in the visual or printed matter; Provided, that it <br /> 17 is a defense, which the defendant must prove by a <br /> preponderance of the evidence, that at the time of the <br /> 18 offense the defendant was not in possession of any facts on <br /> the basis of which he or she should reasonably have known <br /> 19 that the person depicted was a minor. <br /> 20 C. In a prosecution under EMC 10.32.040, it is not a defense <br /> that the defendant did not know the alleged victim' s age; <br /> 21 Provided, that it is a defense, which the defendant must <br /> prove by a preponderance of the evidence, that at the time <br /> 22 of the offense, the defendant reasonably believed the <br /> alleged victim to be at least eighteen years of age based <br /> 23 on declarations of the alleged victim. <br /> 24 D. In a prosecution under EMC 10.32.030, the City is not <br /> required to establish the identity of the alleged victim. <br /> 25 <br /> 26 Section 3: Savings. <br /> 27 The enactments of this ordinance shall not affect any case, proceeding, <br /> 28 appeal or other matter currently pending in any court or in any way modify <br /> 29 any right or liability, civil or criminal , which may be in existence on the <br /> 30 effective date of this ordinance. <br /> 31 2 <br /> 32 <br />