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

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

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.  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 years Punishment

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.  1 st 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)  2 nd or subsequent conviction-Imprisonment for years or life.

Aggravated Child Molestation  Child molestation is which the child is physically injured or involved in an act of sodomy.  Imprisonment for years and subject to the sentencing and punishment of Code Sections and (serious violent felony.

Georgia Law Tested with the Case of Marcus Dixon  18 year old high school senior had sex with sophomore 3 months before her 16 th 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.

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

Statutory Rape  Not officially recognized in state of Kansas  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: years ( same as Statutory rape in Florida

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

Sexual Battery  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: years

New York  Florida:  18 years of age  New York:  17 years of age Age of Consent

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

Rape  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  1 st degree: the age of consent is 11  2 nd degree: one person is over 18 and the other is less than 14, any sexual intercourse is rape  3 rd degree: one person is over 21 and the other is less than 17 yrs of age

Statutory Rape laws  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.  If the victim is under 11, this constitutes a 1 st degree sexual offense.  If the victim is under 14, and the perpetrator is over 18, this is a 2 nd degree sexual offense.

Degrees Defined  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 2 nd 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.

References The ‘Lectric Law Library. (2004). Georgia Sexual Offense. Official Code of Georgia, (1992 ed.) title 16. ( (2004). Kansas Statutes Annotated. Sex Offenses. (1996). Vol. 2a. ( ) 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.