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Most states do not refer specifically to statutory rape; instead they use designations such as sexual assault and sexual abuse to identify prohibited activity.
Regardless of the designation, these crimes are based on the premise that until a person reaches a certain age, he is legally incapable of consenting to sexual intercourse.
The conduct is still illegal, but someone protected by this exception will face smaller fines and reduced jail time” Herizen can face jail time for having a relationship with this young boy.
Any actor under age 18 must be tried as a juvenile and cannot be transferred to adult court.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.Felony carnal knowledge of a juvenile is sexual intercourse with consent between (1) someone age 19 or older and someone between age 12 and 17 or (2) someone age 17 or older and someone between age 12 and 15.Third-degree criminal sexual conduct is sexual penetration with (1) a victim under age 13 and an actor no more than 36 months older or (2) a victim age 13 to 16 and an actor more than 24 months older.
In this hypothetical state, two seventeen year olds who had consensual sex could both theoretically be convicted of statutory rape.