Sex with a Minor – What Are The Possible Consequences?

Sex with a minor (or anyone below the state’s age of consent) is prohibited even if the sex was consensual and even if it was initiated by the minor.

Potential consequences include jail or prison time, fines, probation, mandatory registration as a sex offender, civil penalties, the collateral consequences of a criminal conviction, living or workplace limitations, and social stigmatization.

What are the penalties for a sex crime involving a minor?

The consequences of a conviction for a sex crime involving a minor include:

• up to a lifetime prison sentence,
• years on probation, once the prison term is finished,
• fines of tens of thousands of dollars,
• required registration as a sex offender, often for the rest of your life,
• civil penalties, in some states,
• the collateral consequences of having a blemish on your criminal background,
• limitations on where you can live or work,
• deportation, and
• the social stigmatization of being found guilty of having sex with someone underage.

The extent of these penalties depends on the criminal law of the state where the conduct occurred. The penalties will also depend on the precise nature of the sexual offense.

Because these repercussions are so extensive, you should strongly consider hiring a criminal defense lawyer from a local law firm to represent you in court.

Prison time

The most prominent consequence of a conviction for a sex crime involving a minor is prison time. The length of the prison sentence will depend on:

• the specific act committed, with intercourse often being the most severe, physical contact being moderately severe, and non-physical conduct the least severe,
• your criminal background, and
• the age of the victim.

Most sex crimes involving underage victims are felonies. Convictions for felony offenses carry the potential for at least 1 year in state prison. Some are misdemeanors, though. These carry less than 1 year of jail time.

In California, the longest sentence is life in prison.

Probation

Probation, also known as supervised release, is often imposed after a prison sentence has ended. While you are out of prison, you will have to comply with certain rules, like:

• meeting with a probation officer,
• staying away from the victim,
• notifying the court before traveling,
• going to counseling, and
• performing community service.

For minor sex crimes involving minors, probation may be imposed in lieu of prison time.

Fines

Courts may impose fines if you have been convicted of a sex crime involving someone underage. These fines are paid to the state.

The amount of the fine is largely at the discretion of the court. States often put a cap on how large of a fine the court can impose. These maximums vary drastically from state to state.

For example, in California, many felony sex crimes carry a maximum fine of $10,000.¹ In Colorado, though, the maximum fine for a similar offense is $500,000.²

Sex offender registration

Convictions for a sex crime involving a minor will generally require you to register as a sex offender.

By registering, you will have your name, picture, and prior conviction put in a public database for everyone to see. This contributes to the social stigmatization that you can face if convicted of one of these sex crimes.

For the most severe offenses, this requirement will last for the rest of your lifetime.

Civil penalties

Some states make you pay civil penalties if you have been convicted of a sex offense. These are in addition to the fines that the court can impose on you if you get convicted.

California is one of the states that permits civil penalties against you in certain statutory rape cases. The amount of the penalty depends on the age difference between you and the victim:

• $2,000 if the victim was less than 2 years younger than you,
• $5,000 if the victim was at least 2 years younger,
• $10,000 if the victim was at least 3 years younger, and
• $25,000 if the victim was under 16 and you were over 21.³

Collateral consequences of a conviction

There are certain obstacles that everyone with a criminal history will face because other people become prejudiced. These are the collateral consequences of a conviction. They include:

• difficulties getting a job due to having to disclose the conviction,
• struggling to find an apartment that will rent to someone with a prior conviction,
• losing a professional license or certification,
• being ineligible for a license or certification, and
• losing eligibility for certain forms of public assistance.

A prior conviction for committing a sex offense with someone underage will also lead to these issues. Together, they can make it much more difficult to earn an income and make a living.

Residence and workplace limitations

Many states prohibit you from living near schools or working in roles that bring you into contact with children if you have a conviction for a sex offense involving a minor.

Deportation

If you are not a U.S. citizen, you will likely face immigration problems if you are accused of a sex crime involving a child. Because these offenses are often felonies, you are likely to be deported.

Social stigmatization

If you have been convicted of a crime, you may feel discriminated against by others in your community. You may find it difficult to make connections and friends and to move on from the offense. Other people may see you as a threat or untrustworthy.

This is especially true if you have been convicted for a sex offense like statutory rape. Because your prior conviction is publicly available through the sex offender database, the stigmatization can be intense.

What are some examples of sex crimes involving minors?

Many states have several different criminal statutes that cover different sexual acts involving underage minors. For example, California has 9 different sex crimes involving minors:

1. statutory rape, or unlawful sexual intercourse with a minor (Penal Code 261.5 PC),
2. oral copulation with a minor (Penal Code 287 PC),
3. committing a lewd or lascivious act with a child under 16 years old (Penal Code 288 PC),
4. seducing or sending sexually explicit content to a minor (Penal Code 288.2 PC),
5. contacting a minor with the intent to commit a felony or sex crime (Penal Code 288.3 PC),
6. arranging a meeting with a minor with the intent to engage in sexual conduct (Penal Code 288.4 PC),
7. continuous sexual abuse of a child under 14 years of age (Penal Code 288.5 PC),
8. engaging in sexual acts with a child under 10, as an adult (Penal Code 288.7 PC), and
9. irritating a minor in a way that is motivated by sexual interest (Penal Code 647.6 PC).

Other states may combine some of these sexual activities into a single criminal statute, like sexual assault or a statutory rape law. Others may name them differently.

For example, many states have a statute specifically for the act of child molestation. California, however, does not. Instead, it breaks apart the different acts of sexual contact with someone under the age of consent into different laws.

What is the age of consent?

The age of consent is the age at which you can legally consent to sexual conduct. It is set by law.

Because anyone under the age of consent cannot legally consent to sex, any sexual intercourse or contact is nonconsensual and unlawful. This is still true if the underage person agreed to the conduct, or even if they initiated it.

Different state laws provide for different ages of consent. Many states, however, have a Romeo and Juliet law. These laws provide a close in age exception to statutory rape or other sex offenses involving victims under the age of consent.

States where the age of consent is 18

• Arizona,
• California, and
• Oregon.

States where the age of consent is 17

• Colorado,
• Illinois,
• New York, and
• Texas.

States where the age of consent is 16

• Alaska,
• Montana,
• Nevada,
• Washington, and
• Wyoming.

How do Romeo and Juliet laws impact statutory rape allegations?

Romeo and Juliet laws protect young people from statutory rape charges if they were close in age to the alleged victim. These laws lay out when consenting minors can provide legally-effective consent.

Most states have a Romeo and Juliet law, though not all do. Different states provide different protections for you.

Nevada law

Nevada, for example, has an age of consent of 16 years old. Under Nevada’s Romeo and Juliet law, though, minors who are 14 or 15 years of age can have consensual sex with teens less than 4 years older than they are.

Colorado law

Colorado’s Romeo and Juliet law is broader. It lets minors under 15 years old be in a sexual relationship with someone less than 4 years older, and lets 15-year-olds and 16-year-olds have sexual relations with anyone less than 10 years older.

California law

California is one of the few states that does not have a Romeo and Juliet law. Even if the teens were close in age to each other, if one was over the age of consent and the other was beneath it, the older partner can face criminal charges.

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