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13A-6-64 : (a) A person commits the crime of sodomy in the second degree if: ... If the offender is 21 years of age or older, the minimum is raised to 10 years in prison, and the offender is subject to sex offender sentencing guidelines.
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While the general age of consent is now set between 16 and 18 in all U. states, the age of consent has widely varied across the country in the past.
In 1880, the age of consent was set at 10 or 12 in most states, with the exception of Delaware where it was 7.
13A-6-62 (a) A person commits the crime of rape in the second degree if: ... Such a finding would allow the Court to issue orders as it finds necessary in dealing with the matter. 794.05 Unlawful sexual activity with certain minors.-- (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. This law specifies that a defendant cannot be convicted on the testimony of the victim alone; some other evidence must be present.
(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. Consensual sexual intercourse over the 3-year age difference (where the minor is 13 to 15 years old) would subject the older party to a charge of Sexual Assault, 2nd Degree, in violation of C. This offense carries a minimum sentence of 1 year in prison, and a maximum of 20 years.
By 1920 ages of consent generally rose to 16-18 and small adjustments to these laws occurred after 1920. From 2005 onwards states have started to enact Jessica's Law statutes, which provide for lengthy penalties (often a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring) for the most aggravated forms of child sexual abuse (usually of a child under age 12). Louisiana, the Supreme Court of the United States ruled that the death penalty for rape of a child was unconstitutional.
As of 2015 the final state to raise its age of general consent was Hawaii, which changed it from 14 to 16 in 2001. forbids the use of the United States Postal Service or other interstate or foreign means of communication, such as telephone calls or use of the internet, to persuade or entice a minor (defined as under 18 throughout the chapter) to be involved in a criminal sexual act.
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 person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years if: (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. The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person," as well as electronically transmit any depiction of such an act.
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. 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.
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