Monday, October 8, 2007

LEGAL DEFINITION OF CHILD, MINOR, STATUTORY RAPE, AND SEXUAL CONDUCT WITH A MINOR

13-1405. Sexual conduct with a minor; classifications

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-604.01. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian or foster parent and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.


Sexual Conduct with a Minor - ARS §13-1405 - “A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age." (STATE OF ARIZONA)


MINOR:

In the United States as of 1995, minor is legally defined as a person under eighteen. However, not all minors are considered "juveniles" in terms of criminal responsibility.In eleven states, including Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, South Carolina, and Texas, a "juvenile" is legally defined as a person under seventeen. In three states, Connecticut, New York, and North Carolina, "juvenile" refers to a person under sixteen. In other states a juvenile is legally defined as a person under eighteen.
In addition, the age of consent for sexual activity is often lower than the age of majority


CHILD:

The legal definition of "child" is interchangeable with minor.
The Convention on the Rights of the Child defines a child as "every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier".
In a New York court ruling in 2006 on the eviction of a pregnant woman, the court declared that her child was equally protected under the law although the eviction notice was served before the child was born


STATUTORY RAPE:

Statutory rape (sometimes called "rape of a child", "corruption of a minor", "carnal knowledge of a minor" and so on) is the crime of sex with a minor under the age of consent (AOC), the age at which individuals are considered competent to give consent to sexual conduct. Statutory rape differs from other types of rape in that overt force or threat need not be present. By law (statute), any such sexual activity is assumed to be coercive since the minor is considered by law to be incapable of giving consent to the acts.

Many jurisdictions have multiple age determiners for AOC, as well as a second "statutory rape age boundary". For instance, an adult engaging in sexual intercourse in a particular jurisdiction with an individual under the age of 13 may be charged with a full statutory rape charge (a charge fully equivalent in punishment and severity to rape) whereas intercourse with an individual between the ages of 13–16 may be a significantly lesser charge (such as "unlawful sexual conduct with a minor" or "criminal sexual conduct with a minor"), depending on the jurisdiction, the age difference between the participants, and other factors. Criminal sanctions for violations of the age of consent that are not statutory rape may range from a minor misdemeanor to a high-level felony.


Female-male statutory rape
In the past, sex involving an adult female and an underage male was often ignored by the law, presumably because it was not perceived a traumatic or negative experience for teenage boys. However, in recent years, social perceptions have shifted, particularly when the adult female is in a position of responsibility, and there have now been a number of high profile cases (Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, Pamela Smart) where adult females have been prosecuted for participating in sexual relationships with younger males. These cases mentioned have all involved adult female teachers and young teenage male students. Under English and Welsh law such cases would be viewed as indecent assault and some cases have been prosecuted.

(WIKIPEDIA)

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