]" The defendant's knowledge of the age of the victim is not an essential element of the crime of child molestation. See Schultz v. State, 267 Ga. App. 240, 241 (1), 599 S.E.2d 247 (2004). Accord Disabato v. State, 303 Ga. App. 68, 70 (2), 692 S.E.2d 701 (2010).
However, neither of these cases addresses offenses against children. See, e.g., Schultz v. State , 267 Ga. App. 240, 242 (1), 599 S.E.2d 247 (2004) ("The legislature has carefully worded the child molestation statute so that the defendant's knowledge of the age of the victim is not an element of the crime, just as it is not an element of the crime of statutory rape."). Moreover, neither Moody nor Price addresses statutes with a malicious intent element, as here.
Davis argues that counsel was ineffective for presenting the legally invalid defense that Davis thought the victim was old enough to consent. See Schultz v. State, 267 Ga.App. 240, 241–242(1), 599 S.E.2d 247 (2004) (knowledge of the victim's age is not an element of the crime of child molestation). We disagree.
(Citations omitted.) Veasey v. State, 234 Ga.App. 795, 795–796(1), 507 S.E.2d 799 (1998); see also Schultz v. State, 267 Ga.App. 240, 242(2), 599 S.E.2d 247 (2004). Therefore, the trial court did not err in failing to give the requested charge.
See OCGA § 16-3-5 ("[a] person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which, if true, would have justified the act or omission"). See Schultz v. State, 267 Ga. App. 240, 242 (2) ( 599 SE2d 247) (2004). (Citation and punctuation omitted.)
(Citations and punctuation omitted.) Schultz v. State, 267 Ga. App. 240, 241-242 (1) ( 599 SE2d 247) (2004). As noted above, Bennett eventually admitted to the police detective that he was near the restroom, although he denied entering it. He also admitted that he was aware of the hole in the partition.
(Punctuation omitted.) Schultz v. State, 267 Ga. App. 240, 242 (2) ( 599 SE2d 247) (2004). See Hall v. State, 258 Ga. App. 156, 157-158 (1) ( 573 SE2d 415) (2002).