Some states base the penalty for violations on the age of the offender, with older offenders receiving harsher penalties.For example, California, Maryland, Missouri, Nevada, and New York reserve their harshest statutory rape penalty for offenders who are age 21 or older.(1) If the minor is under age 15, five years in prison; (2) if the offender is at least age 18 or is tried as an adult and the minor was age 12 or younger, life in prison and the offender is ineligible for release until serving 35 years; (3) if the offender is at least 18 or tried as an adult and the victim is age 12, 13, or 14, the presumptive sentence is 20 years; or (4) if the minor is at least age 15, it is punishable by one year in prison Sexual assault to knowingly inflicts sexual intrusion or sexual penetration on a victim (1) under age 15 if the actor is at least four years older or (2) at least 15 years old but less than 17 years old and the actor is at least 10 years older.Under the Romeo and Juliet law enacted in Kansas in 1999, Limon would have been sentenced to 15 months in prison if the boy had been a girl.But because the law states that partners must be members of the opposite sex, Limon was given a 17-year sentence.Statutory rape to sexually penetrate a person at least age 13 but less than age 18 if the actor is at least four years older than the victim.Any actor under age 18 must be tried as a juvenile and cannot be transferred to adult court.Sexual battery to sexually penetrate a child (1) at least age 14 but under age 16 if the actor is at least 36 months older than the child or (2) under age 14 if the actor is at least 24 months older than the child.Up to 30 years in prison but (1) under the first part of the crime, if the actor is between age 18 and 21, up to five years and (2) under the second part of the crime, if the actor is 18 or older, then life or a term over 20 years Second-degree rape for anyone age 18 or older to engage in sexual intercourse with someone under age 15.
Recent changes in the laws governing consensual sex between minors or an adult 18 years of age and a minor 14-16 years of age have acknowledged that this intimacy is not the same as molestation.
10 to 25 years in prison with a mandatory minimum of five years if the victim is between age 10 and 16 and 10 years if the victim is under age 10.
The combined sentence and special parole must equal at least 10 years(1) Fixed term of 10 years with up to 10 years added or four subtracted for aggravating and mitigating circumstances or (2) if the offender actor is at least age 21, a fixed term of 30 years, with up to 20 years added or 10 subtracted.
Sexual assault for anyone to intentionally or knowingly penetrate a person under age 17, other than his spouse.
The actor has an affirmative defense if he is not more than three years older than the victim, who is at least age 14Third-degree sexual assault if, under circumstances not constituting first- or second-degree sexual assault, the actor is at least four years older than the victim and inflicts sexual intrusion on a victim under age 16.