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However, there are only a couple of instances where age can determine that sexual activity is “rape.” It might be rape in the second degree (a Class C felony), if, “being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old[.]” If the perpetrator is older than 21, and the victim is under 16; or if the perpetrator is over 21 and they have sex with a foster child under 18; or if the perpetrator is in a position of trust or authority (being any age), and the victim is under 16; it could be rape in the third degree (a Class D felony).Ok, maybe there are more than just a “couple” of instances where age can determine that sexual activity is “rape.” My bad. It is illegal to engage in sexual activity with anyone who is incapable of consent, and there are a few reasons why a person may not be capable of consenting.The laws were designed to prosecute persons far older than the victims rather than teenagers close in age; therefore prosecutors rarely pursued teenagers in relationships with other teenagers even though the wordings of the laws made some close-in-age teenage relationships illegal. This subsection is ambiguous on its face and seems to apply only when the minor is transported across state or international lines to a place where the conduct is already illegal to begin with. The sentence for a first time offender convicted of producing child pornography under 18 U. While mandatory minimum offenses do not apply to mere possession of child pornography, it is almost always the case that a person in possession of child pornography is also necessarily guilty of either receipt of child pornography, which carries a five-year mandatory minimum sentence, or production of child pornography, which carries a fifteen-year mandatory minimum sentence. § 920), to which essentially only members of the United States Armed Services and enemy prisoners of war are subject, defines the age of consent as sixteen years in subsection but allows an exemption for people who are married to minors 12–15 years old.After the 1995 Landry and Forrest study concluded that men aged 20 and older produced half of the teenage pregnancies of girls between 15 and 17, states began to more stringently enforce age-of-consent laws to combat teenage pregnancy in addition to prevent adults from taking advantage of minors. Kercher of the Criminal Justice Center of Sam Houston State University wrote that these laws are often referred to as "Romeo and Juliet laws", though they defined Romeo and Juliet as only referring to an affirmative defense against prosecution. The United States Department of Justice seems to agree with this interpretation. Article 120 of the Uniform Code of Military Justice (10 U. There is also a mistake in age defense if the minor is over 12, but not if the minor is under 12. Depending upon the relevant status of forces agreement, United States servicemembers are also subject to the local criminal laws of the host nation for acts committed off-post.Pursuant to KRS 510.020(3)(a), one of those situations is if said person is under 16 years old.So, on a person’s 16th birthday, it might be possible for them to consent to sexual behavior.
Convincing or coercing someone under 18 into sexual activity can still be a serious problem.
For example, if you induce, assist, or cause anyone under the age of 18 to participate in any illegal sexual activity, you could be guilty of Unlawful Transaction with a Minor in the first degree, which is a Class C felony. If you are charged with a sex crime in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call a Louisville sex crimes lawyer at 502.473.6464. Questions answered in this blog post: How old is the age of consent in Kentucky; how old can a girl be for statutory rape; what is unlawful transaction with a minor; what is statutory rape; How can I find a good Louisville sex crime lawyer; what is the age of consent; Elizabethtown rape lawyer; sex abuse lawyers in Louisville?