Mark Robert Moser

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Charge:	"Sexual Crime Online (e.g., enticing minor in chatroom for sex)"
Sentence:
Years Imprisoned:
Year Crime:	2014
Year Convicted:	2015
Year Cleared:	2016
U.S. State or Country of Crime:	Minnesota
County or Region of Crime:	Hennepin
City of Crime:	Minneapolis
Result:	Judicially Exonerated
Summary of Case:	"Mark Robert Moser was wrongly convicted in 2015 of soliciting a minor for sex over the Internet in September 2014 in Minneapolis, Minnesota. Moser waived his right to a jury trial. The trial judge denied Mark Moser from presenting the defense that the girl with whom he was communicating online told him she was 16 -- the age of consent in Minnesota -- when she was in fact 14, and since he had never met the girl in person or even seen a picture of her he had no way to know she was underage. The judge acknowledged in finding him guilty that if he had considered Moser's mistaken age defense he would have acquitted him. In appealing his conviction, the Hennepin County District Attorney's Office and Moser agreed to be bound by whatever the Court of Appeal ruled. On August 8, 2016 the Minnesota Court of Appeal established a new precent in reversing Moser's conviction on the basis the trial judge erred in denying Moser from presenting a mistaken age defense in the circumstance that he had never met the girl in person. Based on the pre-appeal agreement, the charges were to be dismissed against Moser. The Court's ruling only applies to cases in which the defendant had not met the alleged "victim" in person."
Conviction Caused By:	Trial judge erred in denying Moser from presenting a mistaken age defense.
Innocence Proved By:	"On August 8, 2016 the Minnesota Court of Appeal established a new precent in reversing Moser's conviction on the basis the trial judge erred in denying Moser from presenting a mistaken age defense in the circumstance that he had never met the girl in person. Based on the pre-appeal agreement, the charges were to be dismissed against Moser."
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Was Perpetrator Identified?
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Sex:	Male
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Information Source 1:	"State of Minnesota v. Mark Robert Moser, No. A15-2017 (Minn. Ct. of Appeals, Aug 8, 2016) (Reversing conviction based on trial judge's failure to allow Moser's mistaken age defense.)"
Information Location 1:	http://www.mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/opa152017-080816.pdf
Information Source 2:	"Appeals Court overturns conviction of man accused of soliciting a minor for sex over the internet, By Rochelle Olson (Staff writer), Star Tribune (Minneapolis), August 8, 2016"
Information Location 2:	http://www.startribune.com/appeals-court-overturns-conviction-of-man-accused-of-soliciting-a-minor-for-sex-over-the-internet/389511061/
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Mark Robert Moser

Charge:

"Sexual Crime Online (e.g., enticing minor in chatroom for sex)"

Sentence:

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Minnesota

County or Region of Crime:

Hennepin

City of Crime:

Minneapolis

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Trial judge erred in denying Moser from presenting a mistaken age defense.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State of Minnesota v. Mark Robert Moser, No. A15-2017 (Minn. Ct. of Appeals, Aug 8, 2016) (Reversing conviction based on trial judge's failure to allow Moser's mistaken age defense.)"

Information Location 1:

http://www.mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/opa152017-080816.pdf

Information Source 2:

"Appeals Court overturns conviction of man accused of soliciting a minor for sex over the internet, By Rochelle Olson (Staff writer), Star Tribune (Minneapolis), August 8, 2016"

Information Location 2:

http://www.startribune.com/appeals-court-overturns-conviction-of-man-accused-of-soliciting-a-minor-for-sex-over-the-internet/389511061/

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