Dating age laws in new york dating scene in san antonio
For example, a state might set the age of consent at 18.In this hypothetical state, two seventeen year olds who had consensual sex could both theoretically be convicted of statutory rape.If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor.This is because New York has a marital exemption to the state’s statutory rape laws.However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.In most states, the age of consent has been arbitrarily designated by statute.However, this age of consent varies widely from state to state.
Those who break the law have committed statutory rape.
Statutory rape is prosecuted under New York’s rape and sexual abuse laws. Penal Law § 130.45 (2017).) Criminal sexual act in the third degree includes oral or anal sexual contact between a minor who is younger than 17 and a defendant who is at least 21 years old. Penal Law § 130.40 (2017).) First degree sexual abuse includes sexual contact (sexual touching, even over clothing, in an arousing or sexually gratifying way) between a minor who is younger than 11 years old and a defendant of any age or between a minor who is younger than 13 and a defendant who is at least 21. Penal Law § 130.65 (2017).) Second degree sexual abuse includes sexual contact between a minor who is younger than 14 years old and a defendant of any age. Penal Law § 130.60 (2017).) Third degree sexual abuse includes sexual contact between a minor who is 15 or 16 years old and a defendant who is at least five years older than the victim. Penal Law § 130.55 (2017).) Sexual misconduct includes oral or anal sexual contact or sexual intercourse with someone who is younger than 17. Penal Law § 130.20 (2017).) State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including statutory rape) must register as sex offenders.
Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. This offense is a Class E felony, and a conviction can lead to as many as four years in prison. This offense is a Class D felony, which is punishable by up to seven years in prison. This offense is a Class A misdemeanor, and a conviction can lead to a sentence of up one year in jail. This offense is a Class B misdemeanor, which can result in up to three months in jail. Prosecuted as a Class A misdemeanor, penalties may include up one year in jail. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime,” or “The alleged conduct did not occur.” One or more of the following defenses could also apply. Penal Law § 130.10 (2017).) The marital defense is a remnant of the marital rape exemption.
Of course, rape that does involve force or an assault is illegal in New York and prosecuted as forcible rape.
Assaults of a sexual nature may also be charged under the state’s assault and battery laws and child enticement and abuse laws.