Statutory Rape Laws and Punishments in the State of New York

Laws - Statutory Rape Laws and Punishments in the State of New York

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In the State of New York, a someone is deemed legally incapable of consent to a sexual act if he or she is less than 17 years of age. There are many laws within the New York penal code that would apply to the crime of Statutory Rape. Within these laws there are well defined distinctions between the age of the actor/adult and the age of the child, as well as, the sexual act itself. Based on these distinctions, the laws have varying degrees of severity in punishment. The statutory rape laws for the State of New York are found within the Penal code under Title H article 130 Sex Offenses.

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Laws

Adults who engage in sexual intercourse with minors less than 17 years of age can be charged with one or more violations based on the legal definition found in the law article 130.05 "Lack of Consent".

New York's "Lack of Consent" law says that no one less than 17 years of age is capable of consenting to any sexual act. For example, if an 18 year old is out on a date with a 15 year old; one thing leads to another and the 15 year old says "Yes, let's have sex". If the two engage in a sexual act, the 18 year old has violated article 130.05 "Lack of Consent" law by illegally arresting in a sexual act with a minor who is incapable of giving legal consent.

A someone who is 18 or older could face a sexual offense fee of the 2nd degree. If a defendant is less than four years older than the victim, an affirmative defense may be used where evidence is presented to counteract criminal liability.

What can I be charged with if I have sexual sense with someone who is less than 17 years old?

Ultimately, it is up to a New York prosecutor in the District Attorney's office to conclude what charges will be filed. There are a range of factors built into the law that prosecutors use to make their determination. A very normal shape is in case,granted below based only on the age factors. For more detailed facts visit the links at the end of this article.

An adult age 18-20 with a someone at least 15 years of age but less than 17 may be charged with a violation of 130.20 Sexual Misconduct. This is a Class A Misdemeanor. An adult age 18 or older, with a someone at least 11 years of age but less than 15 may be charged with a class D Felony or B Felony. A someone age 21 or older with a someone at least 15 years of age but less than 17 may be charged with a Class E Felony. A someone age 21 or older with a someone less than 15 may be charged with a Class B felony.
What are the potential Jail times and fines for these crimes if convicted?

Listed below are basic maximum sentencing guidelines within New York Penal code article 70.00 and 70.15 "Sentences of Imprisonment" laws. Actual sentencing may differ greatly in any case due to many factors.

Misdemeanor Class A - Max fine 00. The prison term shall be fixed by the court for not more than 1 year. Class B Felony - Max fine ,000. The prison term shall be fixed by the court not to exceed 25 years. Class D Felony - Max fine ,000.The prison term shall be fixed by the court not to exceed 7 years. Class E Felony - Max fine ,000.The prison term shall be fixed by the court not to exceed 4 years.
Additional Resources:

http://www.sexlaws.org/new_york_sex_laws New York sex laws

http://www.nycagainstrape.org/ New York City Alliance Against Sexual Assault

http://public.leginfo.state.ny.us/menuf.cgi New York State Legislature

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Statutory Rape in Texas

Colorado Dui Laws First Offense - Statutory Rape in Texas

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Statutory Rape, or Sexual strike of a Child, as it is called in Texas, is a serious, felony offense under the Texas Penal Code. If the alleged child victim is under the age of 14 years old, it is a 1st degree felony punishable by 5 to 99 years in prison for each Count in the Indictment. If the alleged child victim is between the ages of 14 years old and 16 years old, then the crime is a 2nd degree felony, punishable by 2 to 20 years in prison for each Count in the Indictment.

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Colorado Dui Laws First Offense

We have all heard the nightmare stories. A 25 year old male, whom we will call Alan, goes to a friend's party and hooks up with a willing, very engaging woman who says she's 18 years old. They transfer phone numbers and begin a sexual association with quarterly communications by text, computer or phone. The "woman" sends Alan, just for fun, topless photos of herself. Alan keeps the photos on his computer or cell phone, never suspecting they are verily child pornography. Soon after, Alan receives a frantic phone call from the "woman," who says her parents have found out about him and she's verily only 14 years old. Shortly thereafter, Alan receives a call from a Police Detective wanting to hear "his side of the story..."

Alan now faces serious sex offense charges. Here are some of the many legal issues to keep in mind:

* A child does not become an adult in Texas, for purposes of the Sexual strike of a Child and Indecency with a Child crimes, until the age of 17 years old. For other sexual-related offenses, together with Sexual performance of a Child and Child Pornography, the adult age is 18 years old (versus 17 years old).

* Not knowing the child's real age is not a defense in Texas to child sexual crimes. In other words, the alleged victim could have lied about her age to the Defendant, via an internet chat site or in person, and the Defendant will still face criminal charges for sexual strike of a child or online solicitation of a minor, among many other crimes.

* The alleged victim's willing consent to the sexual association is not a defense, unless the alleged victim is 14 years old or older and there is only a 3 year (or less) gap between the age of the alleged victim and the Defendant.

* Only one eye-witness, the alleged victim, is enough for conviction in Texas, so long as the jury believes the alleged victim beyond a cheap doubt.

* Neither Dna nor genital trauma is required for a conviction in Texas.

* Voluntary intoxication by the Defendant is not a defense. For example, if a Defendant gets drunk at a party and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of statutory rape.

* Each isolate sexual act can be separately expensed within one indictment and, should there be a conviction, each Count can be stacked, or served consecutively.

There are many other legal issues which come into play with these types of sexual crimes. If person is expensed with statutory rape, child pornography, or any type of sex crime, it is very leading to hire an experienced attorney who is well-versed in Texas sex crimes.

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Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

Colorado Dui Laws First Offense - Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

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Sexual intercourse in which one partner is an adult and the other a minor is legally referred to as statutory rape. In the case of one Florida sexual offense law, an adult is defined as man aged 24 or older. A minor is defined as whatever under the age of 18.

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Colorado Dui Laws First Offense

Florida Statute Title Xlvi Crimes part 794 Sexual Battery 794.05 - Unlawful sexual activity with inevitable minors. This law makes it a felony for whatever 24 years of age or older to have sex with a 16 or 17 year old. Ignorance of age cannot be raised as a defense for this crime.
Question: Does this mean that whatever in the middle of the age of 18 and 24 can have sex with minors under the age of 18?

Answer: No, it does not.

Florida Statute Title Xlvi Crimes part 800 Lewdness; Indecent Exposure - 800.04 Lewd or Lascivious offenses committed upon or in the presence of persons less than 16 years of age: This law makes it a felony of the second degree for "A person" 18 or older, to engage in sexual activity with a man 12 years of age or older, but less than 16 years of age. Florida Statute Title Xlvi Crimes part 827 Abuse of Children 827.04 Contributing to the delinquency or dependency of a child; states that a man 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree.
Statutory rape laws are meant to protect young people.

Knowing that jail time is a possible consequence deters many (but unfortunately not all) adults from becoming sexually complex with minors. When the act on a minor has already been committed, protection comes in the form of punishing the offender, ordinarily with a felony offense.

Problem is, most minors that have sexual relations with adults rarely feel victimized and therefore don't feel the need for protection. As a result, parents who reckon their underage children of being sexually active with older adults face a dilemma. If they report their suspicions to authorities, the report sets in motion a long and complex legal process which ordinarily alienates them from their children.

If they don't report their suspicions, they may feel they've failed in one of their former responsibilities as a parent: Protecting their child from possible danger.

Do you reckon statutory rape?

If you're a parent and reckon your minor child is sexually complex with an adult you have every right to decide how to handle the situation. Depending on your child's maturity level, you might decide to speak frankly about the possible consequences and then allow some time for them to seek a resolution themselves.

Or you may feel it significant to take legal action. If so, start conferrence evidence of the association now. Read your child's journals, dairies, text message logs and email and make copies of any relevant information, especially whatever that is dated, before your child has a occasion to destroy evidence. If you think there's evidence on a computer, be sure to make a backup copy of the hard drive, too. If you don't know how to do that, find man who does.

Reporting statutory rape in Florida

The general procedure for reporting suspected cases of statutory rape in the state of Florida is as follows:

Start by reporting the suspected statutory rape violation to the Sheriff's office or local police department. Based on the evidence provided, the law promulgation department ordinarily will whether dismiss the case if insufficient evidence is provided; place the case on hold until resources can be devoted; or get underway an investigation right away.

An investigation entails conferrence the names of and interviewing everybody complex including witnesses and following up on leads and any new data learned as a supervene of the interviewing process. A retell of all evidence is also undertaken.

If this investigation is inconclusive, the case likely will be dropped at this stage. However, if the investigation determines that a violation of Florida statutory rape laws has taken place, the case is forwarded to the approved district office of the State Attorney for prosecution.

Once under the jurisdiction of the State Attorney's Office, district attorneys take sworn testimony from all witnesses. From there they will make a estimation as to whether charges should be filed. If warranted, the exact charges are thought about next. The district attorney's office then files a case with the Clerk of Courts, an activity that signifies the start of the prosecution phase.

No one of course wins in court

If all this sounds overwhelming, remember there is a best way. Retention the lines of transportation open may help forestall statutory rape from developing in the first place. So do the right thing and talk openly, of course and ordinarily with your child.

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