Sexual Activity between
Minors and Adults
Presented by: Krystal, Dawn & Jillian
Legal/Ethical-2004
Georgia Laws
When it comes to Sexual Activity
Minor-Under the age of 16
Adult-16 years of age and older
16-6-4 Statutory Rape
 Defined-Sexual intercourse with anyone under 16 years
of age (not his/her spouse)
 The accuser can not be convicted without the victims
testimony.
Punishment
Imprisonment for
1-20
years
If person
convicted is
21 years or
older
If the victim is 14 or 15
years old and the person
convicted is no more than
3 years older:
Guilty of a
misdemeanor (up to 1
year in jail)
16-6-4 Child Molestation
 Intention of arousing or satisfying sexual desires of the
person or a child under 16 years of age though any
immoral or indecent act to, in the presence of, or with
the child.
 1st offense- Imprisonment for 5-20 years (Department
of Corrections must provide counseling)
or
The Judge may probate the sentence (defendant must
have a period of counseling by a licensed psychiatrist
or psychologist)
 2nd or subsequent conviction-Imprisonment for 10-30
years or life.
Aggravated Child Molestation
 Child molestation is
which the child is
physically injured or
involved in an act of
sodomy.
 Imprisonment for
10-30 years and
subject to the
sentencing and
punishment of Code
Sections 17-10-6 and
17-10-7 (serious
violent felony.
Georgia Law Tested with the Case of
Marcus Dixon
 18 year old high school senior had sex with sophomore
3 months before her 16th birthday.
 Dixon was charged with rape, aggravated assault, false
imprisonment, and sexual battery but was acquitted of
these charges.
 Charges of statutory rape and aggravated child
molestation could not be dropped.
 Conviction overturned in May 2004.
Kansas Statues
 Sexual Intercourse: any
penetration of the
female sex organ by a
finger or male sex
organ.
 Sodomy: oral or anal
copulation; or sexual
intercourse between
person and animal.
 Unlawful Sexual act:
any rape, indecent
liberties with a child,
aggravated indecent
liberties with a child,
criminal sodomy, lewd
and lascivious
behavior, or sexual
battery
 Minor: age 16 and
under
Statutory Rape
 Not officially recognized in state of
Kansas
 21-2302. Rape
 Rape is sexual intercourse with a
person who does not consent, under
circumstances such as force or fear,
victim is unconscious, mental
deficiency, or drugs.
 Class B felony: 10-20 years ( same as
Statutory rape in Florida
21-3503-04 Indecent Liberties
with a Child
 Engaging in any of the following acts with a
child who is not married to the offender and
is under 16 years of age:
 Sexual Intercourse
 Lewd fondling or touching of the person of
either the child or the offender with the
intent to arouse or satisfy sexual desires of
offender or child or both
 Soliciting the child to engage in any of the
previous activities
 Class C felony: 5-10 years
21-3517-18 Sexual Battery
 Sexual battery is the
unlawful, intentional
touching of the person
of another who is not
the spouse of the
offender and who does
not consent, with the
intent to arouse or
satisfy the sexual
desires of the offender.
 Class A misdemeanor:
up to 12 months
 Aggravated Sexual
Battery:



Includes the areas of
sexual battery and rape.
Becomes aggravated
Sexual Battery when
victim is under the age of
16.
Class B felony: 10-20
years
New York
Age of Consent
 Florida:
 18
years of
age
New York:
 17 years of
age
A New York Felony
 1st degree - have
intercourse with person
under 11 if actor is 18 or
older
 2nd degree- actor is 18 or
older and victim is under
14
 3rd degree- actor is 21 or
older and victim is under
17
Rape
 Rape is the
perpetuation of an
act of sexual
intercourse with a
person against her
will and consent,
whether her will is
overcome by force or
fear resulting from the
threat of force, or by
drugs administered
without consent or
when, because of
mental deficiency she
is incapable of giving
 1st degree: the age of
consent is 11
 2nd degree: one
person is over 18
and the other is less
than 14, any sexual
intercourse is rape
 3rd degree: one
person is over 21
and the other is less
than 17 yrs of age
Statutory Rape laws
If the victim is under 11, this

constitutes a 1st degree sexual
offense.
If the victim is
under 17 and the
perpetrator is any
If the victim is under 14, and the
age,
this
nd
perpetrator is over 18, this is a 2
degree sexual offense.
constitutes a
misdemeanor
sexual offense. It
is an affirmative
defense if the
accused is less
than 4 calendar
years older than
Degrees Defined
 Sexual conduct against
a child in the 1st
degree: when over a
period of time not less
than 3 months in
duration:
 He or she engages in
2 or more acts of
sexual conduct, which
includes at least one
act of sexual
intercourse.
 He or she, being 18 or
older, engages in 2 or
more acts of sexual
conduct, which
 Sexual conduct against
a child in the 2nd
degree: when over a
period of time not less
than 3 months in
duration:
 He or she engages in
2 or more acts of
sexual conduct with a
child.
 He or she, being 18 or
older, engages in 2 or
more acts of sexual
conduct with a child.
References
The ‘Lectric Law Library. (2004). Georgia Sexual Offense. Official
Code of Georgia, (1992 ed.) title 16.
(www.lectlaw.com/files/sex06.htm)
(2004). Kansas Statutes Annotated. Sex Offenses. (1996). Vol. 2a.
(www.geocites.com/Capitolhill/2269/kansas.htm)
Becker, Bob. (2003). Analysis: Dixn case tests Georgia sex laws. Foxsport
The Florida Senate.(2004). The 2004 Florida statutes. The Florida Senate
Georgia General Assembly. (2003). Unannotated Georgia Code.