“It almost makes you aghast to see how serious this stuff gets,” said John Leunig, a criminal attorney in St.
Sexual assault for anyone to intentionally or knowingly penetrate a person under age 17, other than his spouse.
The actor has an affirmative defense if he is not more than three years older than the victim, who is at least age 14Third-degree sexual assault if, under circumstances not constituting first- or second-degree sexual assault, the actor is at least four years older than the victim and inflicts sexual intrusion on a victim under age 16.
And having nude pictures of a minor is technically possessing child porn.
Less-severe charges were filed last week against four students at Century Middle School in Lakeville, who are accused of using their cellphones to take and send “inappropriate” photos and video of two girls undressing in the locker room. The photos and video spread to more than 40 students at school.
Such a legal arrangement is called a stay of adjudication.
It means a defendant won’t be adjudicated as guilty, as long as he or she complies with the court’s conditions.
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.
Some states base the penalty for violations on the age of the offender, with older offenders receiving harsher penalties.
For example, California, Maryland, Missouri, Nevada, and New York reserve their harshest statutory rape penalty for offenders who are age 21 or older.(1) If the minor is under age 15, five years in prison; (2) if the offender is at least age 18 or is tried as an adult and the minor was age 12 or younger, life in prison and the offender is ineligible for release until serving 35 years; (3) if the offender is at least 18 or tried as an adult and the victim is age 12, 13, or 14, the presumptive sentence is 20 years; or (4) if the minor is at least age 15, it is punishable by one year in prison Sexual assault to knowingly inflicts sexual intrusion or sexual penetration on a victim (1) under age 15 if the actor is at least four years older or (2) at least 15 years old but less than 17 years old and the actor is at least 10 years older.
Some parents and attorneys say the consequences should be less severe for a young adult who has a consensual sexual relationship with a minor.