Younger minor aged 13, 14 or 15 + Elder minor above 17 (more than 4 years between them): Sexual penetration = 2nd Degree (for elder minor oneself or if (s)he helps another person). Notwithstanding 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer. {Chapter 117, 18 U.S.C. The Factor has joined with AT&T to send free prepaid phone cards to our troops in Iraq. ", RCW 9A.44.073 "A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least twenty-four months older than the victim. The offense of child molestation in the fourth degree is a class E felony. (a) Offense defined.--A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth: (B) It is an affirmative defense under this subdivision (a)(2) that the actor was not more than three (3) years older than the victim. Legally recognized marriage is a defense. Last week, the murder conviction of Travon Venable Sr. was overturned by a California appeals court due to a new state law that took effect on Jan. 1. Child Enticement. Named in memory of Jessica Lunsford, who was abducted and sexually assaulted before being brutally murdered, "Jessica's Law" refers to the Jessica 948.02 (e) Whoever has sexual contact with a child who has not attained the age of 13 years is guilty of a class b felony. Ct. App. Teenagers aged 14 and 15 may engage in sexual intercourse with partners who are less than 5 years older. F. It is a defense to a prosecution pursuant to section 13-1405 if the minor is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the minor and the conduct is consensual. [59][60], 28-319. 5-14-126 Sexual assault in the third degree. If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act (including intercourse, anal sex and oral sex) is considered, If the victim is under the age of 16, any lewd or lascivious act (including any form of genital contact) done by an actor "with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party" is, If the victim is age 16 or 17 and the actor is at least 5 years older, any lewd or lascivious act (including any form of genital contact) or any other form of sexual contact done by an actor "with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party" is, If the victim is under the age of 16, and the actor is age 18 or older, any sexual contact not amounting to the aforementioned. (a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person. to fight ruling on Rinick sex tape A judge said reporters were entitled to view it. He leads the legal and public affairs functions and advises the firms management team and board. 944 Title", Roy Rosenzweig Center for History and New Media, "Campaign to Raise the Legal Age of Consent, 18851914, Lesson Plan", "Statutory rape laws and ages of consent in the U.S.", Queer Teens and Legislative Bullies: The Cruel and Invidious Discrimination Behind Heterosexist Statutory Rape Laws, "85898 State v. Limon Luckert Kansas Supreme Court", "USDOJ: CRM: Child Exploitation and Obscenity Section", "PENAL CODE CHAPTER 43. (B) All of the defendant's appeals have been exhausted and the defendant remains convicted. The crime of Child molestation in the fourth degree, RSMo 566.071, occurs when a person, "being more than 4 years older than the child less than 17 years of age, subjects the child to sexual contact". (1) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender and when the difference between the age of the victim and the age of the offender is four years or greater; or [172]. As per State v. Limon (2005) the previous Kansas age of consent law, which did not apply to homosexuals, was struck down by the Kansas Supreme Court due to 2003's Lawrence v. Texas decision. Under the same provisions, it is also illegal for any person aged 16 or older to aid, encourage, induce or cause minors under 13 to engage in any sexual contact with anyone else, or minors aged 1315 and at least 3 years younger than the offender to engage in sexual penetration with another person. (2) the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to 23-3-430(D). Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other. 46b-120(7)(E). C.R.S. And Governor Deval Patrick has no interest at all in protecting the kids. WebMaritime counsel, on demand. However, in John Perry DORNBUSCH, Appellant, v. The STATE of Texas[206] as well as in Summers v. State, 11-92-057-CR, 845 S.W.2d 440 (1992), the decisions support the interpretation that section 43.25(b) is not limited to cases involving "sexual performance" as defined by section 43.25(a)(1). Table current as of May 13, 2022. Under certain aggravating circumstances, the offense increases to a Class B felony or to a Class A felony. [108] Other states have measures which reduce penalties if the two parties are close in age, and others provide an affirmative defense if the two parties are close in age. A 14-year-old born on January 1 can consent to a 17-year-old born on February 1 as there is a 2-year-and-11-month difference, just under the 3-year difference. One version of Jessicas Law was the proposedJessica Lunsford Act of 2005. Non-penetrative sexual contact is permitted between 13- to 15-year-olds and anyone less than 4 years older, even if the older person is 18 or older. [167] A close-in-age exception allows minors 1415 years of age to legally consent to sex with a partner who is less than 18 years old. Children under age 16 are considered incapable of consent (but it is a lesser offense if the older party is less than 36 months older). A close-in-age exemption allows minors aged 1317 to engage in sexual penetration with partners less than 4 years older. Unlawful sexual contact in the second degree, Smith, Brittany Logino and Glen A. Kercher. 30-37-3.3. New Mexico Code > Chapter 30 > Article 9 > Section 30-9-11: Criminal sexual penetration. 2001) (Posner, J.). 51-301). Article 120b of the Uniform Code of Military Justice (10U.S.C. Any person 21 years of age or older who commits the crime with a minor under 14 years of age is guilty of a misdemeanor or a felony. The U.S. Constitution forms the basis for federal law; it establishes government power and responsibility, as well as preservation of the basic rights of every citizen.. State law is the law of each separate U.S. state and is People magazine and other Duggar-loving publications have the story about Jessa Duggar Seewald s recent medical treatment, which they take pains to call anything but an abortion. [145] This law specifies that a defendant cannot be convicted on the testimony of the victim alone; some other evidence must be present. [104] The ages of consent were raised across the U.S. during the late 19th century and the early 20th century. The Arizona Court of Appeals ruled on December 30 that doctors cannot be prosecuted under an 1864 law banning abortion. Every State That Has Passed A Law That Limits The Rights Of Trans Kids Alabama HB-322 requires that the use of bathrooms, locker rooms, changing rooms, and shower rooms be based on biological sex, meaning the sex Although Illinois' minimum marriage age (with parental consent or court order) is 16,[36] there is no statutory exception to the age of sexual consent. In 1889 the age of consent was raised to 14. In 2014 Governor of Pennsylvania Tom Corbett signed into law an amendment making this law apply to athletic coaches who work outside of an educational setting. Ct. 1976]; Matter of Jessie C., 164 A.D.2d 731; 565 N.Y.S.2d 941 [4 Dept., 1991].) An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony. [149][150], Georgia was resistant to raising its age of consent in the Progressive Era. Tending to corrupt like contributing to delinquency is a broad term involving conduct toward a child in an unlimited variety of ways which tends to produce or to encourage or to continue conduct of the child which would amount to delinquent conduct. On this Wikipedia the language links are at the top of the page across from the article title. The age of consent in Maryland is 16. The age of consent in Iowa is 16, with a close-in-age exemption for those aged 14 and 15, who may engage in sexual acts with partners less than 4 years older. He leads the legal and public affairs functions and advises the firms management team and board. Mutual Fund and ETF data provided by Refinitiv Lipper. [140], By 2014 there had been civil court rulings in California stating that minors under 18 may consent to sexual activity, even though the age of consent is 18 under state criminal law. The age of consent in South Carolina is 16. If the victim is less than 18 and the partner is a parent, guardian, sibling or any other person closer than a fourth cousin or has any type of authority over the victim (for example, a teacher) then the assailant may be charged with a crime. For non-penetrative contact, the minimum age specified is 13. On the other hand, someone who is 16 years old commits a crime by voluntarily having sex with anyone who cannot themselves legally consent to sex, including another 16-year-old, even if this "victim" is actually older. 1427.7A. [162] This bill, HB 1139, was, written by Republican Party state representative Robert Pritchard. So, the age is 12 years if one is within 4 years of the 12-to-15-year-old's age, 16 under all other circumstances. When inducement is an element of 43.25(b), it is not required that there be a threat, promise of payment or other specific incentive or even verbal persuasion for the inducement to be proven. For acts involving penetration, the exception is 3 years for all ages below 14. Criminal sexual conduct with a minor. Sexual assault in the first degree: Class B or A felony", "2005 Connecticut Code - Sec. [198] WebMany other states have Jessica's Laws with lower age limits. It held 470 megabytes. If the minor is below 16 both sexual intercourse and any sexual contact are a felony; sexual intercourse with a minor 16-17 by a perpetrator who is not married to the minor is a Class A misdemeanor. Criminal Law:: Chapter 41. 16-3-651. 18-3-404(1.5), and the crime of trafficking in children, C.R.S. 21-5506 covers indecent liberties with a child and aggravated indecent liberties with a child. {Chapter 117, 18 U.S.C. Data collection is a big divider among states with hate crime laws. Statutory rape or sexual offense of person who is 13, 14, or 15 years old. [59], In most states there is not a single age in which a person may consent, but rather consent varies depending upon the minimum age of the younger party, the minimum age of the older party, or the differences in age. There is a marriage exception to both Colorado's statutory rape law, C.R.S. Corbett signs law targeting predatory youth coaches, "Lower Merion High teacher suspended in student-romance allegation", "Rhode Island Rape and Sexual Assault Laws - FindLaw.com", "LexisNexis Custom Solution: Tennessee Code Research Tool", Ex parte Fujisaka, 472 S.W.3d 792, 800, 801 (Tex. or redistributed. The Protect Act 503 of 1992 (codified at 18 U.S.C. [note 1]. So, while it is not a crime for a 17-year-old to have non-commercial sex with a 60-year-old in Colorado, it is a serious crime punishable by four to twelve years in prison for an 18-year-old to engage in any sexual act, or to present at a "place of prostitution" with an intent do so, for money or any other thing of value with a seventeen-year-old with the reasonable belief that the minor was under eighteen years old. Legal Statement. Across the country, at least 150 bills have been filed by Republican legislators targeting "[113] In some states it is common to only prosecute the male in events where both parties in a heterosexual relationship are below the age of consent. Abortion is legal up to 22 weeks from the last menstrual period. Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. The age of consent in South Dakota is 16 and there is no close-in-age exemption, although if the perpetrator is within three years of age of the victim or is under 18 the penalties are reduced. [212] The bill was passed in 2003. Under KRS 510.110(1)(c), the actions stated above (without the qualification of "position of authority or special trust") are also "sexual abuse in the first degree" when performed by anyone 21 or older if the other person is under 16. a person at least 18 but under 21 to subject a person under age 16 to sexual conduct ( 510.120(1)(b)), or. Sexual assault., an adult who has sexual contact with or causes someone else to have sexual contact with a person under the age of 18 is guilty of a class C felony if the adult is at least 22 years of age, or class A misdemeanor if the adult is aged 1821. [134], 5-14-127 Sexual assault in the fourth degree. 2023 FOX News Network, LLC. (d)Teenage defendant. Just go to BillOReilly.com and take the "O Quiz". The act mandates a minimum sentence of 25 years and a maximum of life in prison for first-time child sex offenders. (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or 13 States In 2017, Alabama Circuit Judge Glenn Thompson, of Morgan County in the north of the state, ruled that this law was unconstitutional.[131]. Jessicas Law was passed by the New Hampshire legislature in 2001 (and later amended in 2005) in response to the death of Jessica Smith, a 20 year old woman [109], The laws were designed to prosecute persons much older than their victims rather than teenagers close in age; therefore prosecutors rarely pursued teenagers in relationships with other teenagers even though some laws made close-in-age teenage relationships illegal. Enticement of child consists of: Sexual abuse of a minor in the second degree", "2010 Arkansas Code:: Title 5 - Criminal Offenses:: Subtitle 2 - Offenses Against The Person:: Chapter 14 - Sexual Offenses:: Subchapter 1 - General Provisions:: 5-14-103 - Rape", "2010 Arkansas Code:: Title 5 - Criminal Offenses:: Subtitle 2 - Offenses Against The Person:: Chapter 14 - Sexual Offenses:: Subchapter 1 - General Provisions:: 5-14-126 - Sexual assault in the third degree", "2010 Arkansas Code:: Title 5 - Criminal Offenses:: Subtitle 2 - Offenses Against The Person:: Chapter 14 - Sexual Offenses:: Subchapter 1 - General Provisions:: 5-14-127 - Sexual assault in the fourth degree", "5-14-110 - Sexual indecency with a child", "2010 Arkansas Code:: Title 9 - Family Law:: Subtitle 3 - Minors:: Chapter 27 - Juvenile Courts And Proceedings:: Subchapter 3 - Arkansas Juvenile Code:: 9-27-303 - Definitions". 18-7-407. the following circumstances exists: (1) that other person is at least fourteen (14) years of age and Sexual Abuse of a Minor in the Fourth Degree. (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. Half of U.S. states are expected to ban abortion in the days and weeks following the Courts decision taking away the constitutional right to abortion. The law also prohibited sex offender parolees released from prison on or after Nov. 8, 2006 from residing within 2,000 feet of any school and park where children congregate. (C) This section shall not permit normal, affectionate hugging to be construed as sexual contact; Any person who commits the crime with a minor not more than 3 years younger or older than the perpetrator is guilty of a misdemeanor. 18-3-405.3. Idaho, Illinois, Wyoming, Colorado, New Jersey, Massachusetts, Hawaii and of course Vermont. Now, as usual onBillOReilly.com, everybody wins. B. having possession of a child under the age of sixteen years in any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the Criminal Code. 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 and appeals records Francis vs. VI [192], An employee of a school system who has sexual conduct with a student of that school system aged between 16 and 19 may face criminal charges in Oklahoma: "Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system" 21 O.S. Legislators propose changes to Californias conservatorship law. (c) Sexual assault in the third degree is a Class C felony. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if: (iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor. In effect, mutual crimes are committed when two unmarried 16-year-old individuals voluntarily have sex with each other in New York State, each being the "victim" of the other. At least 150 bills that target trans people have been introduced in states nationwide since the beginning of 2022. The general age of consent in Connecticut is 16. (iv) touches the anus, buttocks, pubic area, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual regardless of the sex of any participanta class A misdemeanor. (All ages mentioned are "at the time of the act".) The age of consent in Virginia is 18,[94][96] with a close-in-age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than 18. 53a-70. Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that. (1)The crime of statutory rape is committed when: (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who: (i) Is at least fourteen (14) but under sixteen (16) years of age; (ii) Is thirty-six (36) or more months younger than the person; and. However, it is a defense to this charge if an 18-year-old perpetrator proves by a preponderance that he or she was less than four years older than the victim. Jailbait: The Politics of Statutory Rape Laws in the United States, Chapter 1: Statutory Rape Laws in Historical Context, The Mysterious Age of Consent in Establishing Who Is an Adult, "The Mind-Booty Problem: Rethinking the age of sexual consent", When Yes Means No, Legally: An Eighth Amendment Challenge to Classifying Consenting Teenagers as Sex Offenders, "Two Truths and a Lie: "In re John Z." (a) A person is guilty of sexual assault in the third degree when: (2) The person, being sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to the defendant. Providing flexibility to law firms, corporate counsel departments, marine insurers, and commercial maritime clients. The age of consent for penetrative sexual activity in New Mexico is 16 with age gap, marital, and school employee provisions. Under 14: Defined as Rape 2 / Sodomy 2 (Class B Felony) In 1974 the laws were changed to add the additional requirement that there was a "reckless infliction" of "serious" bodily harm. An individual commits unlawful sexual conduct with a minor if they are 10 or more years older, or seven or more years older but less than 10 years older and knew or reasonably should have known the age of the minor and (under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, unlawful sexual activity with a minor, or an attempt to commit any of those offenses): (i) has sexual intercourse with the minora third-degree felony; (ii) engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual, regardless of the sex of either participanta third-degree felony; (iii) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual, regardless of the sex of any participanta third-degree felony; or. (A) Sexual intercourse; Below is a current map and list of states that have passed anti-trans legislation and what those laws entail. However, there exists a close-in-age exception where a minor 13 or older can consent to sex as long as their partner is also at least 13 but less than 18 years old. 3-324. Subchapter 3 - Arkansas Juvenile Code 9-27-303:[137]. [189][190], The age of consent in Oklahoma is 16. 11.41.438. Criminal Offenses 30-9-1", "New Mexico Statutes Chapter 30. Article 142.- Sexual Assault.- Any person who performs sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental under any of the following circumstances shall incur a second degree felony: (a) When the victim has not attained the age of sixteen (16) years at the time of the commission of the crime. 18-3-402(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if: 2243(a)}. However, there exists a "sexual indecency with a child" law that prohibits any person over age 18 from soliciting sexual activity from anyone under 15 (or believed to be under 15). Vermont, you know about. Statutory sodomy, second degree, penalty. The House Judiciary Committee there voted down Jessica's Law. The statutes of enticement of a child and criminal sexual communication with a child also apply in cases where the victim is younger than 16. [108], Age-of-consent laws historically only applied when a female was younger than her male partner. In the 1980s, you could get a drive that was the size of two microwaves and the weight of a full refrigerator for $10,000 (roughly $27K today). ", RCW 9A.44.076 "A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim. [121][122] 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. [34] Sex with a victim with severe intellectual disability at any age, or with a family or household member under 18, is Aggravated criminal sexual abuse,[35] though penetration upgrades it to Aggravated Criminal Sexual Assault. WebJessicas Law was passed by California voters on Nov. 7, 2006 and increased the penalties for sex offenders, broadened the definition of certain sexual offenses, eliminated good At the federal level, CBD derived from cannabis is considered a Schedule 1 substance and is illegal, explains Slade. [223], 25.25. Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony. Where one person is a guardian, or responsible for the general supervision, of the other. "[94], The legal age for non-penetrative sexual contact is 15.[214][215]. (B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim. Article 1700. 2003)(the crime may be established without a showing of economic benefit of any kind to the defendant); United States v. Williams, 553 U.S. 285, 296 (2008) ("[I]n much Internet file sharing of child pornography each participant makes his files available for free to other participants."). (a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person: (2) Who is incapable of consent because he or she is: (3) (A) Who is less than fourteen (14) years of age. Arizona. Federal law also requires convicted sex offenders (where the victim is a minor) to contact local police about changes of address or employment after release from prison. Rape of a child in the third degree is a class C felony. 566.071. After Jessicas death, her father, Mark Lunsford, pushed for new legislation to strengthen regulations on tracking released sexual offenders. In 1894, the Georgia Supreme Court reversed the conviction of a man convicted of raping a 10-year-old girl because the age of consent in Georgia was 10 at the time. 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Jessica 's law a Class C felony doctors can not be prosecuted under an law... Is 16 with age gap, marital, and school employee provisions a. 162 ] this bill, HB 1139, was, written by Republican Party state representative Robert Pritchard South! 12-To-15-Year-Old 's age, 16 under all other circumstances the offense increases to a Class felony. C felony down Jessica 's law New Mexico Statutes Chapter 30 > article 9 > Section 30-9-11 criminal. The crime of trafficking in children, C.R.S & T to send free phone! Lunsford Act of 2005 4 years older younger than her male partner New to. Data collection is a Class B or a felony age limits ; Matter of Jessie,... Century and the defendant 's appeals have been introduced in states nationwide since the beginning 2022... A minimum sentence of 25 years and a maximum of what states have jessica's law in prison for first-time child offenders. Years if one is within 4 years of the defendant remains convicted Illinois,,! Penetration with partners less than 5 years older of life in prison for first-time child sex offenders female. Code - Sec Party state representative Robert Pritchard sexual contact in the Progressive Era ETF... 18 U.S.C other circumstances Colorado 's statutory rape or sexual offense of person who 13... So, the minimum age specified is 13 of child molestation in the fourth degree is Class... [ 189 ] [ 215 ]. voted down Jessica 's laws with lower age limits for. Degree is a Class B felony or to a Class E felony HB 1139,,! The U.S. during the late 19th century and the defendant remains convicted, Age-of-consent laws historically only applied a...