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M MN M = M MIII M M I = 10.1 ME MO MI <br /> Section 105: Certain Defenses Barred, Permitted <br /> 1. Law enforcement and prosecution agencies shall not employ minors to aid in <br /> the investigation of a violation of Section 104. This article does not apply <br /> to individual case treatment in a recognized medical facility or individual <br /> case treatment by a psychiatrist or psychologist licensed under Title 18 <br /> RCW, or to lawful conduct between spouses. <br /> 2. In a prosecution under Sections 102 or 103, it is not a defense that the <br /> defendant did not know the age of the child depicted in the visual or printed <br /> matter; Provided, that it is a defense, which the defendant must prove by a <br /> preponderance of the evidence, that at the time of the offense the <br /> defendant was not in possession of any facts on the basis of which he or she <br /> should reasonably have known that the person depicted was a minor. <br /> 3. In a prosecution under Section 104, it is not a defense that the defendant <br /> did not know the alleged victim's age: provided, that it is a defense, which <br /> the defendant must prove by a preponderance of the evidence, that at the <br /> time of the offense, the defendant reasonably believed the alleged victim to <br /> be at least sixteen years of age based on declarations by the alleged victim. <br /> 4. In a prosecution under Sections 102 or 103, the City is not required to <br /> establish the identity of the alleged victim. <br /> -110- <br />