I had sex with a minor and was arrested. What will I be charged with?

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Question:

I had sex with a minor and was arrested. What will I be charged with?

Answer:

Sex with a minor is one of the most damaging crimes to be faced with.  In most states, the term statutory rape in the law will be referred to as varying degrees of sexual assault of a minor.   Sometimes and in some states, this is dependent on the age of the minor that you had sex with.  In at least one state there is what is referred to as 3 year rule which offers some protection to school students who might be having sex – you may have sex with students no more than 3 years younger than yourself.

In the states with varying degrees of sexual assault, the charges will be as follows:

  • First degree sexual assault if the minor is less than 13 (class B felony);
  • Second degree sexual assault if the minor is 13 but less than 16 years of age (class C felony);
  • Third degree sexual assault if the minor is 16 but less than 18 (class A misdemeanor);

First and second degrees are generally felonies while the third degree sexual assault may be a misdemeanor.  First degree sexual assault is a class B felony which can carry up to a 60 year prison sentence.  Second degree sexual assault is a class C felony which carries a fine of up to $100,000 and/or imprisonment of up to 40 years.   The third degree sexual assault charge if convicted can result in fines up to $10,000 and a nine month prison sentence.  While this breakdown is from Wisconsin, other states with varying degrees of sexual assault may be similar. 

The charge for sex with a minor is very damaging and you will be required to be on the list of registered sex offenders.  You will want to be sure you are represented by an experienced attorney.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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