Sexual Activity between Minors and Adults

1. Sexual Activity between Minors and Adults Presented by: Krystal, Dawn & Jillian Legal/Ethical-2004

2. Georgia Laws • When it comes to Sexual Activity • Minor-Under the age of 16 • Adult-16 years of age and older

3. 16-6-4 Statutory Rape • Defined-Sexual intercourse with anyone under 16 years of age (not his/her spouse) • The accuser can not be convicted without the victims testimony. Punishment • If the victim is 14 or 15 years old and the person convicted is no more than 3 years older: • Guilty of a misdemeanor (up to 1 year in jail) • Imprisonment for 1-20 years • If person convicted is 21 years or older • Imprisonment for • 10-20 years

4. 16-6-4 Child Molestation • Intention of arousing or satisfying sexual desires of the person or a child under 16 years of age though any immoral or indecent act to, in the presence of, or with the child. • 1st offense- Imprisonment for 5-20 years (Department of Corrections must provide counseling) or The Judge may probate the sentence (defendant must have a period of counseling by a licensed psychiatrist or psychologist) • 2nd or subsequent conviction-Imprisonment for 10-30 years or life.

5. Aggravated Child Molestation • Child molestation is which the child is physically injured or involved in an act of sodomy. • Imprisonment for 10-30 years and subject to the sentencing and punishment of Code Sections 17-10-6 and 17-10-7 (serious violent felony.

6. Georgia Law Tested with the Case of Marcus Dixon • 18 year old high school senior had sex with sophomore 3 months before her 16th birthday. • Dixon was charged with rape, aggravated assault, false imprisonment, and sexual battery but was acquitted of these charges. • Charges of statutory rape and aggravated child molestation could not be dropped. • Conviction overturned in May 2004.

7. Kansas Statues • Sexual Intercourse: any penetration of the female sex organ by a finger or male sex organ. • Sodomy: oral or anal copulation; or sexual intercourse between person and animal. • Unlawful Sexual act: any rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, lewd and lascivious behavior, or sexual battery • Minor: age 16 and under

8. Statutory Rape • Not officially recognized in state of Kansas • 21-2302. Rape • Rape is sexual intercourse with a person who does not consent, under circumstances such as force or fear, victim is unconscious, mental deficiency, or drugs. • Class B felony: 10-20 years ( same as Statutory rape in Florida

9. 21-3503-04 Indecent Liberties with a Child • Engaging in any of the following acts with a child who is not married to the offender and is under 16 years of age: • Sexual Intercourse • Lewd fondling or touching of the person of either the child or the offender with the intent to arouse or satisfy sexual desires of offender or child or both • Soliciting the child to engage in any of the previous activities • Class C felony: 5-10 years

10. Sexual battery is the unlawful, intentional touching of the person of another who is not the spouse of the offender and who does not consent, with the intent to arouse or satisfy the sexual desires of the offender. Class A misdemeanor: up to 12 months Aggravated Sexual Battery: Includes the areas of sexual battery and rape. Becomes aggravated Sexual Battery when victim is under the age of 16. Class B felony: 10-20 years 21-3517-18 Sexual Battery

11. New York • Florida: • 18 years of age Age of Consent • New York: • 17 years of age

12. A New York Felony • 1st degree - have intercourse with person under 11 if actor is 18 or older • 2nd degree- actor is 18 or older and victim is under 14 • 3rd degree- actor is 21 or older and victim is under 17

13. Rape is the perpetuation of an act of sexual intercourse with a person against her will and consent, whether her will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent or when, because of mental deficiency she is incapable of giving consent or when she is below the arbitrary age of consent 1st degree: the age of consent is 11 2nd degree: one person is over 18 and the other is less than 14, any sexual intercourse is rape 3rd degree: one person is over 21 and the other is less than 17 yrs of age Rape

14. Statutory Rape laws • If the victim is under 11, this constitutes a 1st degree sexual offense. • If the victim is under 14, and the perpetrator is over 18, this is a 2nd degree sexual offense. • If the victim is under 17 and the perpetrator is any age, this constitutes a misdemeanor sexual offense. It is an affirmative defense if the accused is less than 4 calendar years older than the victim.

15. Sexual conduct against a child in the 1st degree: when over a period of time not less than 3 months in duration: He or she engages in 2 or more acts of sexual conduct, which includes at least one act of sexual intercourse. He or she, being 18 or older, engages in 2 or more acts of sexual conduct, which includes at least one act of sexual intercourse. Sexual conduct against a child in the 2nd degree: when over a period of time not less than 3 months in duration: He or she engages in 2 or more acts of sexual conduct with a child. He or she, being 18 or older, engages in 2 or more acts of sexual conduct with a child. Degrees Defined

16. References The ‘Lectric Law Library. (2004). Georgia Sexual Offense. Official Code of Georgia, (1992 ed.) title 16. (www.lectlaw.com/files/sex06.htm) (2004). Kansas Statutes Annotated. Sex Offenses. (1996). Vol. 2a. (www.geocites.com/Capitolhill/2269/kansas.htm) Becker, Bob. (2003). Analysis: Dixn case tests Georgia sex laws. Foxsports. The Florida Senate.(2004). The 2004 Florida statutes. The Florida Senate. Georgia General Assembly. (2003). Unannotated Georgia Code.