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.
(CA Penal Code § 261.5 (a)) There are no exceptions; all sexual activity with a person under the age of 18 (and not their spouse) is a criminal offense. So, while it is not a crime for a 17-year-old to have non-commercial sex with a 60-year-old in Colorado, it is a serious crime punishable by four to twelve years in prison for an 18 year old to engage in any sexual act, or to present at a "place of prostitution" with an intent do so, for money or any other thing of value with a seventeen-year-old with the reasonable belief that the minor was under eighteen years old. Emily Mc Asey, a Democratic state representative from Lockport, stated opposition to the idea, citing that she was "troubled" by the idea of a romantic relationship between a 14-year-old and an 18-year old.
In 2011 Smith and Kercher wrote "Because of the large number of potential statutory rape cases, it is said that many jurisdictions will "pick and choose" which cases they want to investigate and prosecute." In some states it is common to only prosecute the male in events where both parties in a heterosexual relationship are below the age of consent. A guilty verdict would result in conviction of a Class B felony sex offense, with a mandatory minimum of 9 months and maximum 20 years imprisonment. By 2007 there had been a proposal to increase the gap to four years to reduce the number of close-in-age statutory rape cases being prosecuted, but three years was selected as a compromise. Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. Because the charge is a sex offense, the juvenile prosecutor can request that the proceeding designated a "serious sexual offender prosecution". Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.
Smith and Kercher wrote that there had been "large inconsistencies" among the decisions of prosecution and sentencing of these cases, and there had been accusations that minority males who have sex with minority women resulting in pregnancy and/or who have sex with white women have faced the brunt of enforcement. Shown by articles of the Code of Alabama: 13A-6-70: (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old... It would not matter if the older person did not know of the age difference, or if the younger person lied about age. Consensual (between minors) sexual intercourse over the 2-year age difference (where the minor is under 13 years old) would subject the older minor to a charge of Sexual Assault, 1st Degree, in violation of C. However, the offender would have the same chance to apply for Youthful Offender status (see Sexual Assault, 2nd Degree above) provided the criteria are met. Crimes and Criminal Procedure, Delaware Criminal Code § 770. (a) A person is guilty of rape in the fourth degree when the person:...2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse.
Consent is not a defense to a charge under this section. There is a marriage exception to both Colorado's statutory rape law, C. However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor.
(b) As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. This exception was added after a landmark case, Wilson v.