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Smith and Kercher wrote that there had been "large inconsistencies" among the decisions of prosecution and sentencing of these cases, and there had been accusations that minority males who have sex with minority women resulting in pregnancy or who have sex with white women have faced the brunt of enforcement.(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex." The State Legislature passed Act 2010-497 making it a crime for any school employee to have any sexual relations with a student under the age of 19. 13A-6-81: (a) He or she is a school employee and engages in a sex act or deviant sexual intercourse with a student, regardless of whether the student is male or female. This exception was added after a landmark case, Wilson v.A school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, and other school employee. Consent is not a defense to a charge under this section.(c) As used in this section, deviant sexual intercourse means any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another."(b) As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. 18-3-404(1.5), and the crime of trafficking in children, C. State of Georgia occurred in 2006 and caused lawmakers to think the statute should have a close-in-age exception.
In some places, civil and criminal laws within the same state conflict with each other. However, if the offender is 17 years old or younger, has a clean record, and such sexual activity was consensual, Youthful Offender status (a pre-trial diversionary program that seals the court record and results in a dismissal of charges) may be granted. A juvenile offender 13 years old and younger would be charged as a "serious juvenile offender" under C. The age of consent in Florida is 18, but close-in-age exemptions exist. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose Florida code, Title XLVI, Chapter 794 A new law passed in 2007 stated that persons convicted of statutory rape may be removed from the sex offender list if they were no more than four years older than their victims, had only the statutory rape offense on their records, and had victims aged 14–17., though the offenses are a misdemeanor rather than a felony in cases where the perpetrator is less than 19 years of age and is no more than 4 years older than the victim.The bill was proposed after a 41-year-old teacher and 18-year-old high school student publicly announced that they were in a relationship. IC 35-42-4-9 states: "Sexual misconduct with a minor Sec. (a) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony." Under certain aggravating circumstances, the offense increases to a Class B felony or to a Class A felony.The age of consent in Colorado is 17; however, there exists in the legislation close-in-age exceptions, which allow those aged 15 and 16 to engage in acts with those less than ten years older and those less than 15 to engage in acts with those less than four years older. The law allows the actor a defense to prosecution if the victim is currently or was previously married (the absolute minimum marriageable age in Indiana is 15), although this defense does not apply in the case of violence, threats or drugs.The laws were designed to prosecute persons far older than the victims rather than teenagers close in age; therefore prosecutors rarely pursued teenagers in relationships with other teenagers even though the wordings of the laws made some close-in-age teenage relationships illegal. This subsection is ambiguous on its face and seems to apply only when the minor is transported across state or international lines to a place where the conduct is already illegal to begin with. Article 120 of the Uniform Code of Military Justice (10 U. There is also a mistake-in-age defense if the minor is over 12, but not if the minor is under 12. Depending upon the relevant status of forces agreement, United States servicemembers are also subject to the local criminal laws of the host nation for acts committed off-post. It carries a minimum sentence of 5 years and a max of 20 years in prison for a first-time offender, as well as mandatory counseling and sex offender sentencing guidelines.After the 1995 Landry and Forrest study concluded that men aged 20 and older produced half of the teenage pregnancies of girls between 15 and 17, states began to more stringently enforce age-of-consent laws to combat teenage pregnancy in addition to prevent adults from taking advantage of minors. Kercher of the Criminal Justice Center of Sam Houston State University wrote that these laws are often referred to as "Romeo and Juliet laws", though they defined Romeo and Juliet as only referring to an affirmative defense against prosecution. The United States Department of Justice seems to agree with this interpretation. Within the United States, United States servicemembers are further subject to the local state law both when off-post. The age of consent in the District of Columbia is 16 with a close-in-age exemption for those within four years of age. population resides in states which have ages of consent as 16 or 17. For repeat offenders, the minimum 10 years and the maximum is life imprisonment.