This crime has the same shut-in-age exception as statutory rape said above if the sufferer is 14 or 15 years old and the actor is 18 or younger and within four years of age. However, the offender would have the same chance to apply for Youthful Offender status (see Sexual Assault, 2nd Degree above) offered the factors are met. 21-5507 allows for a lesser penalty if the minor is 14 or 15 and the offender is underneath 19 years previous. The law additionally allows a protection if the actor is inside four years of age of the younger individual and the 2 had been in an ongoing dating/romantic relationship. The law additionally permits a mistake of age protection if the actor fairly believed the sufferer was 16 or older. It might probably reasonably be assumed that this defense would extend to 16- and 17-yr-olds as well, but as the legislation is presently written it’s unclear if 16- and 17-yr-olds can freely consent with anybody under 30, or if charges should still apply below 768 (a class F felony) if they exceed the specified “4 yr distinction” affirmative defense. Internet, or other electronic means with any individual identified by the grownup to be below 16 (regardless of whether or not the actor’s position brought them into contact with the minor), and the minor can see or hear the adult masturbate.
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