Statutory Rape Laws and Age of Consent in Missouri Romeo and Juliet laws provide some leeway around age of consent legislation. The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. At the same time, the law prohibits or limits the use of certain defenses. Call us today at (919) 239-8448 or fill out the contact form below. He is intelligent, kind and completely nonjudgmental. We serve Morris County, Passaic County, Essex County, Somerset County, Sussex County, Middlesex County, Hunterdon County and beyond in communities including Morristown, Dover, Parsippany, Rockaway, Wayne, Hanover, Paterson, Clifton, Totowa, Little Falls, Somerville, North Plainfield, Bound Brook, Watchung, Newton, Newark, East Orange, Irvington, Bloomfield, Livingston, Fairfield, Flemington, New Brunswick, Edison, Woodbridge. For this reason, these laws are often called close-in-age exceptions.. Statutory rape of a child under the age of 13 by an adult has a punishment of 25 years in prison. Missouri makes it illegal for a person to have sex with a minor younger than 17. "@context": "http://schema.org", document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. The child's age is what counts, as it determines whether that person can legally consent to sexual activities. me and in every instance he has exceeded my expectations. Not finding an answer to your question? The Romeo and Juliet laws refer to statutes, rules, and regulations governing consensual sex with minors. Romeo and Juliet laws apply to statutory rape and similar sex crimes. What is the age of consent for sexual activity in Texas? Is there a The defendant has the burden of raising and then proving them.25, It used to be a defense that the defendant was not acting out of sexual interest.26 However, Arizona changed the law in April, 2018, to remove this potential defense.27. Have Questions About Statutory Rape in California? There are a few exceptions to the age threshold, such as if a. or if two minors are in a relationship but one ages into adulthood. Such an offense constitutes a felony, which carries a penalty of two to 15 years in prison and a $5,000 fine. If the defendant is 13 to 17 years old, the court may determine the punishment. He even answered a frantic call If you are in a sexual relationship with someone under the age of consent, you may be at risk of being charged with statutory rape or other crimes. Criminal Law It can even happen when the minor agrees to sexual activity. The Guide to Age of Consent Laws in Oregon - Powell Law P.C. But, even when this occurs, the older individual (the defendant) may be subject to an arrest and criminal prosecution for very serious felony charges. The law is complex and changes regularly. Many teenagers form relationships throughout their high school years. Likewise, any adult who isnt within three years of a minor partner can also commit statutory rape, such as a 20- and 16-year-old. As noted above, the age of consent for sexual intercourse in N.C. is 16. Florida's "Romeo and Juliet" law was created during the 2007 Legislative Session to address concerns about high school age youth being labeled as sexual offenders or sexual predators as a result of participating in a consensual sexual relationship. Age of Consent: Romeo and Juliet Law: Alabama: 16 years: 2 years age difference: Alaska: 16 years: 3 years age difference: Arizona: 18 years: 2 years age . | North Carolina state law requires that people convicted of certain crimes sexual in nature must register as sex offenders. 14-27.25, 14-27.30, 14-27.32 (2018).) If the victim was 15, 16, or 17 years of age, then the offense is a Class 6 felony.8 The potential prison sentences follow the felony sentencing chart. A person in Mississippi cannot be charged for the statutory rape or sexual battery of their underage spouse, so long as the sexual activity is consensual. Defenses exist of the offender had reasonably believed the victim to be over age 16, or if offender and victim were less than 4 years apart and were in an ongoing relationship. However, if the age of the older individual is actually 23-years-old, this individual will be in violation of the statute for consensual sex with a 15-year-old. A common claim by defendants accused of statutory rape is that they had no reason to know that their partner was under the age of consent. . Though these laws are similar throughout these states, there are important differences. The rule could apply if, for instance, two minors enter a relationship while at school, but one ages into adulthood (18) while the other remains a minor. A Romeo and Juliet law in Minnesota is a law intended to prevent young people who are involved in a consensual sexual relationship from running afoul of statutory rape laws. Criminal sexual contact is a fourth-degree crime in New Jersey. Defendants have been found guilty even though the minor misrepresented their age. Romeo and Juliet laws prevent behavior between people who are close in age from being considered statutory rape when one of the two members of the couple is under the age of consent. Contact us today to schedule a free, confidential consultation. Anything that they said or did to the contrary does not count. I called in desperation not really expecting an answer. For example, in Florida, the Romeo and Juliet law allows a person convicted of statutory rape to avoid mandatory sex-offender registration. made the ticket go away. At Coolidge Law Firm, our attorneys are experienced in the laws that govern the age of consent. One or more of these charges may be used to prosecute violations of the Indiana Age of Consent, as statutory rape or the Indiana equivalent of that charge. Despite the relationship being consensual, theres a chance that parents or guardians may not approve of the relationship and the 18-year-old may face charges of statutory rape. Statutory rape in California can also occur when two minors engage in sexual activity. Which States Have Romeo and Juliet Laws? | Houston Criminal Defense Sentencing guidelines for those found guilty include five to 10 years in prison and/or fines reaching up to $150,000. Defendants will face harsher penalties if they have certain prior sex offense convictions or share a familial relationship (by blood, marriage, or adoption) with the victim. The information in this article provides an overview of the law relating to statutory rape. a minor who is 13 or younger and their partner is less than two years older. If the victim was a 14-year-old or younger, the offense is a Class 2 felony and a dangerous crime against a child (DCAC).5 Convictions can carry the following prison sentences, based on any aggravating or mitigating factors found during the sentencing hearing, as well as on the defendants criminal background: Prison sentences for sexual conduct with a minor must be served consecutively, not concurrently.6. However, California law does allow the prosecution of a minor for statutory rape. It doesn't matter that the minor consented to the sexual act. Your email address will not be published. deter adults and older people from sexually preying on young adults or committing child sexual abuse. Here's how the law defines these offenses and aggravating factors. The age of consent in Arizona is 18 years of age. This article will review statutory rape (intercourse), sexual battery (oral sex), and sexual fondling offenses. Give us a call. However, if the older person has a position of authority over the younger, such as a relative, teacher, parish priest, or doctor, the age of consent is 18. . What is Included in the Confrontation Clause? Statutory rape occurs when an adult has sexual relations with a minor. ), Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Hopefully I never need his services We know how to fight for your due process rights when you have been charged with statutory rape and need legal representation. Missouri law makes it a crime for a person who is 21 or older to invite or ask a child younger than 15 to engage in sexual conduct or to misrepresent one's age online in order to engage in sexual conduct with a child. If the defendant did not engage in sexual activity with a minor, there is no crime of statutory rape. Sexting: Know Your Rights - National Coalition Against Censorship Essentially, there are two major types of Romeo and Juliet laws. FREE Case Review (866) 588-0600 . 12412 views | The law protects young people in sexual relationships and who have a small age differential. To speak with an experienced San Diego sex crimes attorney, please contact us today. When the couple involves two people who are minors close in age there is an exception called Romeo and Juliet. States with Romeo and Juliet laws have specific requirements for a defendant to be eligible to raise the exceptions. This is because N.C. considers a person who is not yet 16 to be unable to make the decision to have intercourse. Unfortunately, under statutory rape laws, consensual relationships with people who were very close in age could become criminalized. for sexual assault and aggravated sexual assault convictions if the court thinks there is a high likelihood of reoffending. , it requires people convicted of sexual crimes to register for at least 15 years following sentencing. In other words, a person cannot be charged with engaging in sexual activity with a minor when the two are married. However, a 14-year-old would not be able to have sex with anyone under the age of 14, even with the three-year age gap. If the defendant is 21 or older and the victim is age 14 or 15, a guilty party faces up to 30 years in prison and a $10,000 fine. In Texas, Governor Rick Perry vetoed Romeo and Juliet laws that had been passed by the legislature in 2009, but signed one in 2011 to go into effect in September of that year. Under Mississippi's laws, a person commits statutory rape by having sexual intercourse with: Sexual intercourse includes vaginal intercourse or any penetration into the genitals, anus, or perineum of a male or female. Convictions carry20: Convictions for sexual abuse when the victim was under 18 require sex offender registration.21. As one of the best lawyers specializing in sex crimes, the Law Offices of Kerry L. Armstrong, APLC stands by their client every step of the way while achieving favorable outcomes. Required fields are marked *. 82 Court Street Freehold NJ 07728 Telephone: 732-450-8300, Though it is a serious crime with life-altering consequences for the perpetrator and victim, the. A Romeo and Juliet law states that teenage couples who haven't reached the age of consent can partake in sexual relations without the risk of a statutory rape charge so long as the right parameters are adhered to. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Neither critics nor the public responded enthusiastically. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. Defendants charged with statutory rape or a related crime in Missouri have several potential defenses available to them. Penalties are as follows: In cases where the victim is younger than 16 years old, the prosecutor does not have to prove penetration. Their age of consent laws are as follows: Anyone who has sex with someone under the age of consent can be charged with a serious sex offense. A third quarto, based on the second, was used by the editors of the First Folio of 1623. A lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to the unique circumstances of your case.