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In some places, civil and criminal laws within the same state conflict with each other. 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.While the general age of consent is now set between 16 and 18 in all U. states, the age of consent has widely varied across the country in the past. However, if the offender is 17 years old or younger, has a clean record, and such sexual activity was consensual, Youthful Offender status (a pre-trial diversionary program that seals the court record and results in a dismissal of charges) may be granted. A juvenile offender 13 years old and younger would be charged as a "serious juvenile offender" under C. The age of consent in Florida is 18, but close-in-age exemptions exist. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose Florida code, Title XLVI, Chapter 794 A new law passed in 2007 stated that persons convicted of statutory rape may be removed from the sex offender list if they were no more than four years older than their victims, had only the statutory rape offense on their records, and had victims aged 14–17., though the offenses are a misdemeanor rather than a felony in cases where the perpetrator is less than 19 years of age and is no more than 4 years older than the victim.Efforts have been made to use actual console hardware for many older systems, though.
If you are charged, the likelihood is you could be given a caution, a fine, imprisoned or possibly put on the Sex Offenders Register.
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This is just one reason why the law is confusing and hard to follow.
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