NYC Sex with a Minor Lawyer

NYC Sex with a Minor Attorney

A charge of sex with a minor (also known as statutory rape) can cause irreparable damage to your life in ways you may not even be fully aware of. Even the accusation of having sex with a minor can bring all sorts of assumptions into people’s heads and cause your reputation to take a serious hit. Such a charge can impact your personal and professional relationships, as well as your social standing, so reach out to an NYC sex with a minor lawyer today.

Statutory Rape Penalties in New York

If you are ever charged with having sex with a minor, you should reach out to an NYC sex crime lawyer or an NYC criminal defense lawyer and learn what your options may be for a solid defense. It may not be an easy fight. A charge of having sex with a minor can stay with you forever, even if you are acquitted in a court of law.

It is vital that you consult with a lawyer immediately and avoid the public spotlight, even if your instincts may be to clear your name by speaking out. It is advised that you follow your lawyer’s advice when it comes to speaking out about your case.

Under state law, the age of consent is 17 years old. It is a crime for an adult to have sexual intercourse with anybody under the age of 17, regardless of whether or not the minor in question consented to the act. This is considered statutory rape, or sex with a minor.

If the offender is over 21 years old and engages in sexual intercourse with a minor under 17 years old, they could be charged with third-degree rape. In New York, third-degree rape is considered a class E felony, which could land the offender a maximum of four years in prison.

If the offender is over 18 years old and engages in sexual intercourse with a minor under 15 years old, they could be charged with second-degree rape. In New York, second-degree rape is considered a class D felony, which could land the offender a maximum of up to seven years in prison.

Then there’s first-degree rape, which carries the strongest penalty. To be charged with first-degree rape, the offender would have to engage in sexual intercourse with a minor under 11 years old or 13 years old if the offender is 18. A first-degree rape charge carries a maximum sentence of 25 years in prison and possibly more in certain cases.

Possible Defenses Against Statutory Rape in NYC

You may think that an arrest for having sex with a minor is the end of the road for you. That may not be the case. You may have options for a solid defense. You should consider seeking out a sex crimes lawyer who can help you figure those out. Here are some possible defenses for having sex with a minor:

• Age: While statutory rape applies when an adult has sex with a minor if the defendant is less than four years older than the victim, you may have a shot at a possible defense. If you can prove the four-year age gap with birth records and other legal documents, you may be able to have your charges reduced.
• Consent: A person under the legal age of 17 is considered incapable of giving consent when it comes to sexual intercourse, particularly criminal sex offenses. However, if the defendant and the victim were married at the time of the alleged offense, that could be a defense to the apparent lack of consent.

NYC Sex With a Minor Law FAQs

Q: Can a 30-Year-Old Have Sexual Intercourse with a 17-Year-Old in New York?

A: Yes, in New York, a person who is 30 years old can legally have sexual intercourse with a 17-year-old, provided that both parties have consented to having sex. The age of consent in New York is 17 years old, which means that a 17-year-old is considered a legal adult in the eyes of the state. They can pursue a romantic or physical relationship with any other legal adult that they wish.

Q: What Is the Romeo and Juliet Law in New York?

A: New York technically does not have an official “Romeo and Juliet” law, but the provisions that that law describes are built into the state’s statutory rape laws. In some states, the law protects romantic partners who are of questionable ages. Essentially, if the offender charged with statutory rape is under 21 years old and the alleged victim is 15, the charge may be dropped to a misdemeanor. The intent is to avoid punishing consensual teen relationships harshly.

Q: What Is the Age of Consent in New York State in 2024?

A: As of 2024, the age of consent in New York state is 17 years old. That means that anyone who is under the age of 17 in the state is considered to legally be a minor who is incapable of giving informed consent for a sexual relationship. Anyone who pursues a physical relationship with a minor under 17 years old can be charged with statutory rape and face severe legal consequences.

Q: What Are the Penalties for Statutory Rape in New York?

A: The penalties for having sex with a minor in New York can be quite severe. The degree to which an offender can be charged depends largely on their age, as well as the age of the alleged victim. If a person 21 and older has sex with someone under 17 years old, they could be facing four years in prison. However, the penalty grows when the victim is younger.

Reach Out to a Sex Crime Lawyer Today

Facing a charge of having sex with a minor can be terrifying, confusing, overwhelming, and uncertain. It is vital that you retain the services of someone who can help you figure out your next steps and pursue a strong defense strategy. The legal team at Greco Neyland, PC, is prepared to help you build your case, protect your reputation, and ensure you aren’t taken advantage of. Contact us to schedule a consultation today.