United States v. Encarnacion-Ruiz, No. 12-2030 (1st Cir. 2015)
Annotate this CaseDefendant entered a conditional guilty plea to one count of aiding and abetting the production of child pornography, reserving his right to appeal whether his alleged mistake of age of the victim could be raised as a defense to the charge. After the case was argued before the First Circuit, the Supreme Court issued its decision in Rosemond v. United States, which held that the government must prove that an aider and abettor of criminal conduct participated with advance knowledge of the elements that constitute the charged offense. The First Circuit vacated Defendant’s conviction, holding that Rosemond requires the government to prove that an aider and abettor to a production of child pornography charge knew that the victim was a minor. Remanded.
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