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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110509
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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what is the name of the crime in 2005-06 of a 19 yr old having

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what is the name of the crime in 2005-06 of a 19 yr old having sex, getting her pregnant, a 14 year old. Back then it wasnt called satutory rape. the attorney told me they would just slap him on his hands maybe probation because he had no crime history. we had bedspread that they did not send out. why. they said it was expensive. the two went to school together.
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
S 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter`s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person`s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person. Sexual abuse in the third degree is a class B misdemeanor.

It is not statutory rape because he was not over 21 at the time.

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Customer: replied 5 years ago.
what would of been the sentence if guilty and why is it rape in the third degree in 2011,,,,,,,can u send the answers to my email [email protected]
Expert:  Law Educator, Esq. replied 5 years ago.
I do not know why NY changed its law and the law he would be prosecuted with would be the law in effect at the time he committed the offense and not the 2011 law. The sentence would be a maximum of 12 months in jail and if it was a first offense it would likely be only probation.
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