Texas Penal Code 22.021 establishes the "Romeo and Juliet" law that handles these situations. For this reason, these laws are often called close-in-age exceptions.. Penalties depend on the ages of the defendant and victim, and the conduct that occurred. For example, a 17-year-old who has consensual sex with a 15-year-old cannot be criminally prosecuted in Mississippi. For example, if a 17-year-old has consensual sex with a 15-year-old in New Jersey, the 17-year-old will not be in violation of the statute since the two are close in age. IF YOU OR A LOVED ONE HAS BEEN ARRESTED AND NEEDS HELP, CONTACT US TODAY. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Transferring CSL/PSL to Another State or Country, Transferring CSL / PSL to Another State or Country, Moving, Working or Going to School in Another State as a Sex Offender, Juvenile Offender Removal from Megans Law, Defending Failure to Register as a Sex Offender, Sex Crimes Lawyer Serving PA & Philadelphia, Representation for Initial SORA Hearing in NY, https://njlawattorney.com/wp-content/uploads/2015/08/shakespeare.jpg, https://njlawattorney.com/wp-content/uploads/2017/02/New-Maynard-Logo-Grey-Trans5-300x80.png, WHAT NEW JERSEY TEENS AND PARENTS NEED TO KNOW ABOUT ROMEO & JULIET LAWS. To speak with an experienced San Diego sex crimes attorney, please contact us today. For example, in the state of Minnesota, the age of consent is 16. Essentially, there are two major types of Romeo and Juliet laws. He even answered a frantic call When the accused and the victim are closer in age, the penalties for statutory rape can be less severe. I was anxious and nervous about my case from the beginning. Can You Be Charged with a Sex Crime As a Minor in California? Missouri makes it illegal for a person to have sex with a minor younger than 17. For these unlawful offenses, it's immaterial whether the child consents to the activity. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. Although there is no Romeo and Juliet law in California, other defenses may be available to a person accused of statutory rape. points on my Driver License. By Her Lawyer on July 1st, 2022 What You Need to Know About Romeo and Juliet Laws By State In the United States, close-in-age exemptions allow an individual to have consensual sex with a minor if the individual is not more than a given number of years older, generally four years or less. Our team of experienced sex crime defense attorneys are available to help. Mr. AgeOfConsent.net is a free public resource site, and cannot offer legal advice. Consent as a Defense Against Sexual Assault Charges in Missouri - Law Every state prohibits sexual intercourse with those under a certain age. These crimes include child molestation, sexual contact between a student and their teacher, and child enticement. Call and tell us your situation. However, California has no Romeo and Juliet law. Between 2014 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nations attorneys. In these cases, the age of consent in New Jersey is 18, not 16. Rev. Again, these laws vary by state, so it is important to know the nuances of your states statutes if you may be affected by this issue. are included on the registry, as are some who pose a moderate risk. Again, because of the Romeo and Juliet Law in New Jersey, it is only sexual assault if the perpetrator is at least four years older than the victim. the victim was 15, 16, or 17 years of age. which were only 2 months apart. If the defendant is 18 to 20 years old and the victim is age 14 or 15, a conviction can result in up to five years in prison and a $5,000 fine. In North Carolina, sexual intercourse with a minor is against the law. Around half of the states have Romeo and Juliet laws. In most states, mistake of age is not a defense to a statutory rape or sodomy charge. I really felt, and still do, that he really cared about helping me. Age of Consent in Michigan: Romeo and Juliet Law Michigan For example, the laws on sexual assault and indecency with a child define a child as a person under the age of 17. If it was not a dangerous offense, it is punishable by the following sentencing range19: If the victim was under 15 years of age, sexual abuse is a Class 3 felony and a DCAC offense. a minor who is 14 or 15 years old and their partner is less than three years older, or. In addition, most statutory rape definitions include an age-difference component. These states include, for example, Texas and Florida. Convictions carry20: Convictions for sexual abuse when the victim was under 18 require sex offender registration.21. A person convicted can face prison time of at least a year as well as penalties. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The Romeo and Juliet laws could apply to teens from ages 13 through 15, but no younger. In this article, we will explain the laws governing statutory rape in N.C., sexual consent, and the Romeo and Juliet exemption. While not really a Romeo and Juliet law, California law does look to the age of the accused and the victim in classifying the offense and assigning the penalties. Required fields are marked *. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); What is Considered Statutory Rape in California? Missouri law provides a Romeo-and-Juliet exception, often referred to as a close-in-age exception, for consensual sex between a minor . Copyright 2023 Shouse Law Group, A.P.C. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 750 B Street, Suite 2820 San Diego, CA 92101. If you are facing a charge for statutory rape or a related crime, contact an experienced criminal defense attorney in your area as soon as possible. These states include, for example, Texas and Florida. For example, a 17-year-old who has consensual sex with a 15-year-old cannot be criminally prosecuted in N.C. (N.C. Gen. Stat. the defendant was under 19 or attending high school, the defendant is no more than 2 years older than the victim, and. Statutory rape We serve Morris County, Passaic County, Essex County, Somerset County, Sussex County, Middlesex County, Hunterdon County and beyond in communities including Morristown, Dover, Parsippany, Rockaway, Wayne, Hanover, Paterson, Clifton, Totowa, Little Falls, Somerville, North Plainfield, Bound Brook, Watchung, Newton, Newark, East Orange, Irvington, Bloomfield, Livingston, Fairfield, Flemington, New Brunswick, Edison, Woodbridge. [2022] Downloadable Guide on Sexual Assault Laws in California. Do Not Sell or Share My Personal Information. North Carolina has a marital exemption for some statutory rape crimes. Such an offense constitutes a felony, carrying up to five years in prison and a $5,000 fine. Romeo and Juliet laws work by setting an age discrepancy that must apply before someone will be arrested for statutory rape. For example, if a couple is married and living in N.C., and they are 15 and 23 years old, respectively, the 23-year-old cannot be charged for having consensual sex with the 15-year-old. North Carolina state law requires that people convicted of certain crimes sexual in nature must register as sex offenders. Copyright 2017 - 2023 by Coolidge Law Firm | This means that once the minor reaches the age of 16, he/she may consent to vaginal intercourse (sexual intercourse). Romeo and Juliet l aws Many states, including North Carolina, have a so-called Romeo and Juliet law, named after Shakespeare's teenaged couple, who were 1 7 and 1 4. Romeo and Juliet laws make sure that this doesn't happen and that statutory rape laws . Essentially, there are two major types of Romeo and Juliet laws. The age of consent across the country is generally in the range of 15 to 17. 2023 Law Offices of Kerry L. Armstrong, APLC. In Florida, for example, the Romeo and Juliet law applies only when: If the above criteria are met, the defendant can petition for removal from the Florida sex-offender registry. Last updated on Mar 05, 2020 If you are facing a charge for statutory rape or a similar crime, contact an experienced criminal defense attorney in your area as soon as possible. Statutory rape is a term used to describe a sexual relationship between an adult and someone under the age of consent. For example, a 21 year old who engages in consensual . Dubbed. A close in age exemption, also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. If you break that law, you have committed statutory rape. The age at which a person can legally consent to sexual activity in Michigan is 16 years old. Statutory rape is also a serious crime that can result in jail time and a sex offender classification, so it is important to consult with an experienced criminal law attorney as soon as possible if you have been accused of statutory rape. These protections can include: The effect of a Romeo and Juliet law varies from state to state. For example, a 17-year-old who has consensual sex with a 15-year-old cannot be criminally prosecuted in N.C. Statutory rape is prosecuted under North Carolinas rape and sex crime laws. If you find yourself in a situation involving statutory rape in New Jersey, even if you have been implicated, you should contact a sex crimes lawyer immediately. . The law states that anyone between the ages of 14 and 17 can legally give consent with someone within three years of their age, so long as the other party is at least 14 and gives his or her consent. California Criminal Statute of Limitations Guide. A: There are currently 30 states with Romeo and Juliet laws. Consent is not a defense in the crimes discussed throughout this article. If you need my help, call my office today for a free consultation. In other words, a minor can face statutory rape charges for engaging in sexual activity with another minor. Ask a Librarian! Contact the office today to schedule a free, confidential consultation. PDF Issue Brief 2012-214 September 2011 What Is the Romeo and Juliet Law? - Legal Age of Consent This is known as the "Romeo and Juliet" law in Oregon. Posted Aug 27, 2013 Because of the potential for serious penalties, sex crimes should be treated with the same solemnity. David Coolidge is a wonderful attorney! him after hours through phone calls, texts, and email. Punishment for statutory rape in Mississippi depends on the ages of the victim and the defendant. Indiana statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16. Do Not Sell or Share My Personal Information, Help for Sexual Assault and Rape Survivors, Rape, Abuse & Incest National Network (RAINN), Do Not Sell or Share My Personal Information. the defendant and the victim were spouses at the time of the alleged offense. A knowledgeable attorney can also advise you on how the law will apply to your set of facts. Oregon's Romeo and Juliet Law. The law doesn't specify the age of a student, so presumably, this offense applies to students of any age, including those 17 and older. { This means that if a 16 year old and a 17-year -old were dating each other and the 17-year-old turned 18, the 18 year old could be arrested for statutory rape. As I told him when we left the court room that morning David, you have changed my life forever. In comparison, when the victim is more than three years younger than the accused, the crime can be charged as a felony or a misdemeanor. Many teenagers form relationships throughout their high school years. The California sex crimes lawyers at The Law Offices of Kerry L. Armstrong, APLC are ready to fight for you. The Romeo and Juliet exemption does not apply to aggravated sexual assault charges. Please note: Our firm only handles criminal and DUI cases, and only in California. Very efficient service. Yes. In the above example, if the two waited until the 16-year-old had turned 17, they would be within their legal rights to have consensual sex. Those with a low risk of reoffense are not listed on the registry. Number of prior convictions for a predicate felony, Number of historical prior felony convictions, prevent sexually transmitted diseases (STDs), and. Depending on the situation, the Indiana close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution. If you are in a sexual relationship with someone under the age of consent, you may be at risk of being charged with statutory rape or other crimes. Without a close-in-age exemption, an 18-year-old who has consensual sexual intercourse with their 17-year-old significant other can face statutory rape charges, which is often a Class 6 felony in this situation. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. A Romeo and Juliet rule applies for an age difference of one year. Is it fair to ruin a young adults life with a permanent sex offender registration over a consensual relationship? Site Map. The rule could apply if, for instance, two minors enter a relationship while at school, but one ages into adulthood (18) while the other remains a minor. Home The Age of Consent in North Carolina and Understanding the Romeo and Juliet Law. However, legal precedent in New Jersey states that defendants should verify the age of their partner before engaging in any sexual acts with them. There are a few exceptions to the age threshold, such as if a minor gets parental consent to marry or if two minors are in a relationship but one ages into adulthood. Sometimes, this can lead to dating across grades and ages. I got a speeding ticket for going 17 over. If aggravating factors apply or the victim is younger than 12 years old, the punishment increases to 10 years to life in prison. If the defendant is 18 or older and the victim is younger than 14, the offender is subject to 20 years to life in prison. This article will review statutory rape (intercourse), sexual battery (oral sex), and sexual fondling offenses. One of the most common is the Romeo and Juliet Law. After all, teenagers who are in a relationship with small age gaps often dont face any difficulties until one of them becomes a legal adult. "description": "", Sometimes known as a close-in-age exemption, this rule applies when there is less than a four-year gap in age between two partners. While the Romeo and Juliet laws exist to prevent unfair prosecutions of young adults, teenagers can still commit statutory rape if they have sex with someone outside of their acceptable age range, such as a 17- and 13-year-old. Sexual battery of a child younger than 18 by an authority figure is punishable by up to 30 years in prison. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. All rights reserved. Not finding an answer to your question? "embedUrl": "https://www.youtube.com/embed/JGeEumSpbEk", Do you have a question or legal problem you need help with? You should consult an attorney for advice regarding your own individual situation. For example, if someone shows a pattern of statutory rape or activities that suggests compulsive behavior or sexual interest in individuals under the age of consent and is convicted of sexual assault, they may have to register under Megans Law. Age of consent laws aim to protect minors from sexual conduct that they are not mature enough to understand. Likewise, any adult who isnt within three years of a minor partner can also commit statutory rape, such as a 20- and 16-year-old. It's a crime for a defendant who is a school employee, official, volunteer, coach, director, contractor, or teacher (including student teacher) to engage in any sexual contact with a student of the school. A statutory rape offense occurs whenever one partner is under age 13. "thumbnailUrl": "https://i.ytimg.com/vi/JGeEumSpbEk/default.jpg", Arizona does, however, have an exception. This means that anyone who is 17 or younger is legally incapable of consenting to sexual conduct. There are a few exceptions to the statutory rape age range rules in New Jersey. The registry, which is available to the public on the internet, includes a picture, name, and address of the offender. That being said, even being included on a sex offender registry for minor offenses could make it difficult to find employment or become a part of a community. Call us at (713) 224-4040. A close in age exemption, also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. The law is named after the famous play Romeo and Juliet by William Shakespeare. A guilty verdict can bring nine to 18 months in prison and/or fines up to $10,000. Romeo and Juliet Laws By State: Updated 2022 Statutory rape is a strict liability claim, so a person can be charged with the crime even if he or she was not aware that the sex partner was under age. To schedule a free consultation with Kohlmeyer | Hagen Law Office. Bear in mind that age of consent laws vary significantly from state to state. are in need of Legal Services. Such an offense constitutes a felony, which carries a penalty of two to 15 years in prison and a $5,000 fine. In it, two teens fall in love, but the rivalry between their families keeps them from being together. I highly recommend them if you Sexting: Know Your Rights - National Coalition Against Censorship pose a high risk of committing similar crimes. If you are facing sexual assault charges, hire a Houston criminal defense lawyer today. The point of the law is to protect young children whom society deems too young and immature to give informed consent. a minor who is 13 or younger and their partner is less than two years older. Someone can also be charged with sexual assault if they have penetrative sex with someone who is between 13 and 16. This means that if a 16 year old and a 17-year -old were dating each other and the 17-year-old turned 18, the 18 year old could be arrested for statutory rape. Known as a close-in-age exemption or a Romeo and Juliet law, this exception allows young people who are close in age to have consensual sex with one another without breaking the law. It is up to the prosecutor to prove that the act was non-consensual.18. However, once a defendant turns 21, it's a crime to have sex with anyone younger than 17 (even if the couple previously fell under the Romeo-and-Juliet exception). the child is younger than 14 and the defendant is two or more years older than the child. Mississippi has several laws prohibiting sexual activities with anyone under the age of consent. If you are facing a statutory rape charge in California, you need an experienced sex crimes defense lawyer to protect your rights and freedom. Most states do not consider the mistake of age as a valid legal defense. A person who commits statutory rape or statutory sodomy in Missouri can face serious criminal penalties, including lengthy terms of imprisonment and substantial fines. The Romeo and Juliet laws refer to statutes, rules, and regulations governing consensual sex with minors. Instead, specific statutes within the code provide definitions. Here is a closer look at the charges someone accused of statutory rape could face: The acts that can bring sexual assault charges vary depending on the situation, but they are quite clear when it comes to statutory rape. Romeo and Juliet laws provide some leeway around age of consent legislation. If the defendant is 21 or older and the victim is age 14 or 15, a guilty party faces up to 30 years in prison and a $10,000 fine. Statutory Rape Laws and Age of Consent in Mississippi Contact the Criminal Defense Lawyers at Coolidge Law Firm. A close in age exemption allows teens aged 14 and 15 to consent to partners under age 18. Romeo And Juliet Law (What It Is And How It Works: Overview)