(1) When criminality depends on the victim being less than sixteen (16) years old, it is a defense for the offender to prove that he or she reasonably believed the child to be above that age. Such belief shall not be deemed reasonable if the child is less than fourteen (14) years old.

(2) No evidence concerning the sexual conduct of the victim is admissible in prosecutions under this section except evidence of the victim’s past sexual conduct with the offender or evidence of specific instances of the victim’s sexual activity to show the origin of semen, pregnancy, or disease which is at issue in the prosecution.

(3) If the defendant proposes for any purpose to offer evidence described in subsection (2) of this section, the trial Judge shall order a hearing out of the presence of the jury to determine whether the proposed evidence is admissible under subsection (2) of this section.

(4) Evidence of failure to make a timely complaint or immediate outcry does not raise any presumption as to the credibility of the victim.

(5) Resistance by the victim is not required to show lack of consent. Force, fear, or threat is sufficient alone to show lack of consent.

(6) Lawful conduct between spouses is not criminalized by this chapter.

(7) In a prosecution under CTC 26.20.010 and 26.20.012, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.

(8) In a prosecution under CTC 26.20.036, the prosecuting authority is not required to establish the identity of the alleged victim.