[9], In Belize, the age of consent is 16, regardless of sexual orientation or gender. In 1969, the Criminal Code was amended to provide exemptions to the criminalization of consensual anal intercourse, including exemptions for husbands and wives and all persons over the age of 21. It is not meant to be legal advice and is provided for illustrational purposes only. Revisiting The Age Of Consent Laws In America, 1800s. ", Age of sexual consent is 16, regardless of sexual orientation and/or gender. The 3rd Clause of this article punishes with the same penalties also "the vaginal or anal introduction of objects, without violence and with lascivious goals", in a person under 12 or in a person that has no capacity of understanding the meaning of the fact, or for any reason cannot resist. As of August 2018, each U.S. state has set its age of consent at either age 16, age 17, or age 18. Anyone who has or allows carnal access with a person aged under 14 or who, for sexual purposes, inserts or forces the victim to insert a finger, object or instrument, by way of the vagina, anus or mouth, with or without consent, shall be sentenced to imprisonment for a period of 12 to 15 years. The most common age of consent is 16.[52]. The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts.Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. When rape is committed by deception is punishable by five (5) to seven (7) years of imprisonment. Age of Consent across the United States . (a) he is less than two years older than the child against whom he is purported to have perpetrated the offence; Sexual exploitation, pornography and paid sexual acts with adolescents. According to the Estatuto del Gobierno del Distrito Federal (PDF)(in Spanish) (Government Statute of the Federal District), Article 42, Clause XII, the District's Legislative Assembly has powers to legislate in criminal law. In State v. Limon (2005), the Kansas Supreme Court used Lawrence as a precedent to overturn the state's "Romeo and Juliet" law, which proscribed lesser penalties for heterosexuals than homosexuals convicted of similar age of consent related offenses. The general age of consent in Mexico is 17.[1]. There is a Corruption of Minors statute (Article 184) that can be used to punish by imprisonment, for seven to twelve years, adults who engage in sexual relations with persons under eighteen. “Age of consent” refers to the age a person must reach before they can legally consent to sexual intercourse with another person. As of the time of writing this article, that age is 18 in 48 states. Sexual acts with minors are aggravated by the use of force, intimidation, or the perpetrator's position of authority, and by the fact that the minor, being under 16 and not the perpetrator's spouse, is residing in the same household as the perpetrator. Art. When the victim of this crime is a person under eighteen (18) years of age, it is punishable with the penalty prescribed in the preceding paragraph increased by half (1/2). 171. At state level, the minimum ages of consent vary between 12 (and puberty in a few states) and 15, while the age at which there are no restrictions for consensual sexual activities vary from 16 to 18 (most common 18). With parental consent, a person can marry at sixteen. (c) he is not of the same sex as the child; and (b) on conviction on indictment, to imprisonment for twenty years. "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years". Costa Rica does not have an exact age of consent but has age difference limits between sexual partners, independent of gender.[23]. However, to be charitable, many of those asking may just be trying to get to the truth after reading hugely misleading claims. años de prisión. Eleven states, including Wisconsin, Virginia, Utah, Tennessee, Oregon, North Dakota, Idaho, Florida, Delaware, California, and Arizona, outlaw sexual relationships with partners who are below 18 years of age. If any of the aforementioned acts is performed with physical or moral violence, the sentence is raised in up to a half. Estupro is a crime existing across Mexico, as well as in other Latin American jurisdictions. The laws of France where applicable apply. A female adult is not guilty of an offence under subsection (1) –, (a) if she honestly believed that the male person was sixteen years of age or more; or. However, traditional laws still exist in some states: for instance, the law of Baja California reads: Al que realice cópula con mujer de catorce años de edad y menor de dieciocho, casta y honesta, obteniendo su consentimiento por medio de la seducción o el engaño (translation: "Whoever copulates with a chaste and honest female over fourteen and under eighteen years old, obtaining her consent through seduction or deceit"). The consensual age varies from 16 years to 18 years depending on the state. [15] The punishment for anyone who had sexual intercourse with someone younger than 14 was life imprisonment and whipping, while the punishment for anyone who attempted to seduce an underage girl was two years' imprisonment and whipping. The penalty is 6 months to 4 years of prison. The age of consent in Mexico City (former Federal District, DF) is 12, one of the lowest in the world, and the overall criminal legislation of Mexico's capital is close to that of the federal law regarding this subject, although tougher in some aspects – higher penalties and broader definitions. Subject to section 20, a person who sexually penetrates a child commits an offence and is liable on conviction on indictment, to imprisonment for life. However, for women between the ages of 16 and 18, there are some restrictions. years. This resource sheet is designed to inform practitioners and researchers about age of consent legislation in Australia.Age of consent laws attempt to strike a balance between protecting children and young people from exploitation and other harms, and preserving their right to privacy and healthy sexual development. (a) the touching is sexual; and The age of consent in the Caribbean Netherlands (Bonaire, Saba and Sint Eustatius) is 16, as specified by the Criminal Code BES, Articles 251, which reads: Art 251: "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached sixteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years". Homosexuality was legalized in 1991, but "public homosexuality" is an offense that carries a 20-year jail term without parole. (..)(2) when the other person is under thirteen years of age; A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year [48] It was raised from 16 to 18 in 2015.[49]. [26], The age of consent in the Dominican Republic is 18.[27]. Art. Therefore, a 16-year-old is a consenting adult in the eyes of Georgia law and can engage in sexual activity. Article 167 makes it illegal to "promote or facilitate the corruption of a person under eighteen (...) through various sexual acts of carnal knowledge, even if the victim consents to participate in them". Historically, the age of consent applied to male-female relationships; same-sex relationships were often illegal regardless of the ages of participants. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, District of Columbia, and territories. Quien, valiéndose de una condición de ventaja, logre acceso sexual con persona mayor de catorce años y menor de dieciocho, aunque medie consentimiento, será sancionado con prisión de dos a cuatro años, Translation: Article 176. In November 2013 Professor John Ashton, president of the Faculty of Public Health, said there should be a national debate on lowering the age of consent (presumably for both gay and straight sex) to 15, as this would make it easier for 15-year-olds to get sexual health advice from the NHS. child nor in a position of trust in relation to “United States, the age of consent was much lower. Age of Consent across the World . Detailed comments for Q&A # 40: “Is the age of consent set by state or federal law?”. The age of consent in the prefectures ranges from 16 to 18 years, and it is illegal to engage in sexual activities with partners who are below this age unless a parent approves of the romantic relationship. 18 of these states have close in age exemption laws which protect underage couples who consent to sexual activities from prosecution, even in cases where one of the partners is slightly over the age of consent. The vast majority of Mexican states have modernized their laws by removing the requirement of "chastity" or "honesty" and by making the laws gender neutral. The age of consent in Cuba is 16. The age of consent in Puerto Rico is 16. The age of consent in Anguilla is 16. Defilement of girls under sixteen years of age, etc. The age of consent in Cayman Islands is 16.[20]. In most parts of Southern Africa, including Botswana, Namibia and South Africa, people can consent to sex from the age of 16. The chart below consolidates published ages of consent for the various states. Anyone who engages in lewd acts with or improper touching of another person, without their consent, (...). "Sexual intercourse with person between 14 and 16 years of age". In Tennessee, for example, teenagers aged between 13 and 18 years can agree to sexual activities with partners who are not more than four years older. For instance the law of Aguascalientes reads: "El estupro consiste en realizar cópula con persona mayor de doce y menor de dieciséis años de edad, obteniendo su consentimiento por medio de seducción o engaño." A July 24 Facebook post claims Ginsburg said, “The age of consent for sexual acts must be lowered to age 12 years old.” The image cites "Ruth 'Traitor' Ginsburg, 1977." This crime needs a complaint (querella) to be prosecuted. A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years olderand there is no relationship of trust, authority or dependency or any other exploitation of the young person. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age. For example, in Indiana the age of consent is 16 but it is illegal for a person over 18 to have sex with anyone under 18 if they work at their school, are their parent or a stepparent, or are a person recruiting them to join the military. Please update this article to reflect recent events or newly available information. [31], In Guatemala, the age of consent is 18, regardless of sexual orientation and/or gender. In 1886, a law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal in 1886, and amended in 1887 to apply to females under 21. In the United States, the age of consent laws are made at the state, territorial, and federal district levels. Translation: The sanctions provided in this article do not apply if there is a couple relationship duly established between the victim and the agent, and the age difference does not exceed dieciocho, obteniendo su consentimiento por medio de engaño, se le aplicará de tres meses a cuatro and appeals records Francis vs. VI Art. sixteen shall be guilty of an offence and liable to imprisonment for two UPDATED Age of Consent Map.. Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and their partner are within a certain number of years in age or when a minor is married to his/her partner. Art. Article 169 makes it illegal to "promote, facilitate, manage, finance, instigate or organize in any way the use of persons under eighteen years of age in sexual or erotic acts individually or organized, publicly or privately". (b) he is not in a familial relationship with the [24][further explanation needed]. Article 266 refers to the previous article 265, which covers the rape of adults in general and establishes a term of 8 to 14 years in prison for sex obtained through physical or moral violence. Anyone who is married or in a stable de facto union or who is of age and who, without violence or intimidation, has or allows carnal access with a person aged between 14 and 16 shall be sentenced to imprisonment for a period of two to four years. In El Salvador, the age of consent appears to be 18 (although the laws are not clear cut in regard to sexual acts with persons aged between 15 and 18). deception, grooming or manipulation in the 132. (3) A person twelve years of age or over but under fourteen years of age is not liable under section 18 or 19 if– element of exploitation, coercion, threat, The below is a list of all jurisdictions in North America as listed in List of sovereign states and dependent territories in North America. En igual responsabilidad incurrirá quien con conocimiento de causa autorizare el uso o arrendare el inmueble para realizar cualquiera de las actividades descritas en el inciso anterior.[28]. Article 144. (1) Any person who has unlawful sexual intercourse with any person being of or above fourteen years of age and under sixteen years of age, whether with or without the consent of the person with whom he had unlawful sexual intercourse, is guilty of an offence and liable to imprisonment for life subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years. Many states to marry usa notably in purity everywhere, the laws on your state and others, vice it is in the states. A further article, 266 Bis, determines an extra penalty of up to a half under certain circumstances – (a) when there are multiple offenders; (b) when the offense is committed by a parent, legal guardian, stepfather or "companion" (amasio) of the mother; (c) when there is an abuse of authority of someone as a civil servant; (d) when the crime is committed by a person who has the minor under their custody, guard or education, or yet through the abuse of trust. This lack of consistency can cause confusion that results in a sex crime charge. (c) he is not of the same sex as the child; and Article 143. There is also a "close in age" exception for 12 and 13 year olds. The age of consent varies by state and ranges from 16 to 18. In the United States, the age of consent is the legal age at which a person is considered mature enough to consent to sex.However, the actual age is set by individual state laws. While for men, it is 18 years old. Where an accused is charged with an offence under s. 151 (Sexual Interference), s. 152 (Invitation to sexual touching), s. 153(1) (Sexual exploitation), s. 160(3) (Bestiality in presence of or by child), or s. 173(2) (Indecent acts), or is charged with an offence under s. 271 (Sexual assault), s. 272 (Sexual assault with a weapon, threats to a third party, or causing bodily harm), or s. 273 (Aggravated sexual assault) in respect of a complainant under the age of sixteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge. Costa Rican law 9406 makes it illegal for a person 18 years of age or older to have sexual relations with another person less than 15 years old if the older party is five or more years older than the minor. Every state’s age of consent law is a little different, but in every state, violating these laws has dire consequences. Article 175 of the Federal District Criminal Code refers to the previous Article 174, which stipulates a term of 6 to 17 years of prison for the rape of adults, while defining copulation as "the introduction of the penis in the human body through the vagina, anus or mouth". 164. In Antigua and Barbuda, the age of consent is 16. The legal age of consent in the United States at the federal level is 16 years. [41], Artículo 176. In New Mexico, a person who is 18 years or older can have a consensual sexual relationship with a person aged below 17 years as long as they are not more than four years younger. Before prosecution, the public attorney will, if possible, allow the minor to indicate if prosecution is deemed desirable.[21]. )[47], The age of consent in Trinidad and Tobago is 18, as per the Children Act, 2012. There is however a close-in-age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over. Clipperton Island is an uninhabited nine-square-kilometre (approx. The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship (how it developed, e.g. Unlawful sexual contact in the first degree, § 1709. five years. … [2] The Sexual Offences Act of 1995 raised the age of consent from 14 to 16 years of age.[3][4]. With Kilker Alcaraz, Marc Angelo, Gary Burgess, Ingo Cando. [17] The age of consent was raised from 14 to 16 in the spring of 2008, when the Tackling Violent Crime Act became effective. The age of consent in the United States varies from 16 to 18 years old depending on the state. Directed by Charles Lum, Todd Verow. "Sexual contact", that is, non-penetrative sex, defined as "the intentional touching of a person's intimate parts, whether directly or through clothing, to arouse or to gratify the sexual desires of any person" is not permitted with children under 16, but a close-in-age exemption allows those aged at least 13 to engage in such acts with partners under 18. (d) the circumstances do not reveal any Failed to do you consent usa while minors cannot be old enough to get Artículo 262 del Código Penal: " Al que tenga cópula con persona mayor de doce años y menor de Sexual activity with a partner under the age of consent in that jurisdiction is considered statutory rape. Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under 13. In North America, the legal age of consent relating to sexual activity varies by jurisdiction. [44], The age of consent in Saint Vincent and the Grenadines is 15. Article 175. In some places, civil and criminal laws within the same state conflict with each other. [10][11], "Every person who, with or without consent, has sexual intercourse with a person who is under the age of fourteen years commits the offence of unlawful sexual intercourse and is liable on conviction on indictment to imprisonment for a term that is not less than twelve years but may extend to imprisonment for life. which would prevent an act being an assault for the purposes of this Although the definitions vary by state, it is usually defined as sexual conduct with a child who has reached the minimum age of consent but is under 18 (16 or 17 in some states) when the consent of the child is obtained by seduction and/or deceit. Article 168. [18] In June 2019, Bill C-75 repealed Section 159, making anal intercourse subject to the same age of consent requirements as other sexual acts.[19]. Approximate translation: Art. ", "Every person who has unlawful sexual intercourse with a person who is above the age of fourteen years but under the age of sixteen years, commits an offence and is liable on conviction on indictment to imprisonment for a term that is not less than five years but no more than ten years. See the map below. Social Laws of Canada and Ontario summarised for the use of Children's Aid Societies and Social Workers, 1914, List of sovereign states and dependent territories in North America, Learn how and when to remove this template message, Learn how and when to remove these template messages, "Official version - Mexican Chamber of Deputies website (PDF) (in Spanish)", "Copy in HTML/PDF, browsable by section (in Spanish)", Estatuto del Gobierno del Distrito Federal (PDF)(in Spanish), "Mexico Age of Consent & Statutory Rape Laws", "CARIBBEAN: Magistrate says do not tolerate pre-consent aged teens having sex", "Refworld | 2003 Findings on the Worst Forms of Child Labor - Antigua and Barbuda", "Microsoft Word - Barbados template start.doc", "Criminal Code (Amendment) (No. Unlawful sexual contact in the second degree, This page was last edited on 28 November 2020, at 22:45. The age of consent has been going up since the dark ages. (c) he is not of the same sex as the child; and Although actual prosecutions for violations of Corruption of Minors statutes (and age of consent statutes in general) tend to be sporadic, regional, and very situation dependent, many Mexican states nonetheless classify Corruption of Minors as a "Delito Grave" (Major Crime) in their penal codes. According to the announcement, the law concerning the age of consent will be changed across all 50 states and D.C. As of August 1, 2018, the age of consent in each state in the United States was either 16 years of age, 17 years of age, or 18 years of age. Article 142. Whoever for sexual character and by force, intimidation or deceit abducts or retains a person shall be punished by imprisonment of four (4) to six (6) years. In the United States, age of consent laws regarding sexual activity are made at the state level. "Defilement of girls between fourteen (14) and sixteen (16) years of age", Article 4 of the Sexual Offences Act, " (1) Subject to subsections (2) and (3), any person who - (1) Where a female adult has sexual intercourse with a male person who is not her husband and who is under the age of sixteen years, she is guilty of an offence, whether or not the male person consented to the intercourse, and is liable on conviction to imprisonment for seven years. Penalties are 30 years' imprisonment if the victim is less than 14, and 15 years' imprisonment if the victim is 14 to 16 years of age. All Mexican states (as well as Mexico City) have corruption of minors statutes that can, upon complaint of the family (or minor), be used to punish sexual relations with persons under eighteen. section. There is a crime called estupro stipulated in Article 180, which refers to consented sex with adolescents aged 12 to 18, when consent is obtained through any means of deceit. Rape of children under the age of 14. Paraphrasing Virgin Islands Code: V.I.C. The Children Act, 2012 defines a "child" as "a person under the age of eighteen years". A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex. This is also the minimum age of the other person legally permitted to engage in sexual activity. Kansas: The age of consent is eighteen. While Texas penal codes do not use the phrase “age of consent,” they still provide guidelines for the acceptable age of sexual conduct. Article 175 (violación) then states that: "It is equivalent to rape and will be punished with the same penalty:" (first clause) – "who performs a copulation with a person under 12 years of age or with a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist"; the second clause defines whosoever "introduces in the vagina or anus any element, instrument or any part of the human body different from the penis" as having committed the same crime, in relation to these same persons. 122. Approximate translation: Art. A person who engages in sexual contact with a person not the perpetrator's spouse— Different ages may apply if one partner is in a position of power or authority over the other, such as a teacher, manager, coach, parent or stepparent. There is another crime in Article 262 for consented sex with adolescents aged 12 to 18, when consent is obtained through deceit. 7. Approximate translation: Article 167 .- Any person who promotes or facilitates the corruption of a person under eighteen years of age or a mentally handicapped through various sexual acts of carnal knowledge, even if the victim consents to participate in them, shall be punished with imprisonment of six to twelve years. If the offender uses moral or physical violence, an extra half term is added to the initial time. The actual term age of consent does not appear in the laws of most jurisdictions, though federal law sets this age at 12 to 16 years, and most states have similar ages. The penalty is 3 months to 4 years in prison. (b) the child is under sixteen years of age, (2) A person who commits an offence under subsection (1) is liable– The sexual intercourse with parents or children, brothers, or relationship between adopter and adopted, with stepparent, when the victim is over eighteen (18) years constitutes the crime of incest, will be punished with four (4) to six (6) years of imprisonment and shall proceed under complaint by the injured party or his legal representative. The Legal Age to Marry: 18 in 48 States All states set a minimum age over which you can choose to get married without having permission from anyone else. Only six of these states have close in age exceptions to prevent the prosecution of partners who engage in consensual sex with minors within their age brackets. Out of the eight states, only Colorado and New Mexico have a close in age exception. When the victim is older than fourteen (14) and under eighteen (18) years, the penalty shall be increased in a medium (1/2). (1) Whoever unlawfully and carnally -, (a) knows any girl under the age of twelve years is guilty of an offence and liable to imprisonment for twenty years; or. The story of the HOIST, London's first and only Gay Fetish Bar, coincides with the political struggle to decriminalize homosexual activity within the United Kingdom. Art. 169.- El que promoviere, facilitare, administrare, financiare, instigare u organizare de cualquier forma la utilización de personas menores de dieciocho años en actos sexuales o eróticos, de manera individual u organizada, de forma pública o privada, será sancionado con pena de tres a ocho años de prisión. Whoever, using a condition of advantage, achieves sexual intercourse with a person over fourteen and under eighteen, even with consent, shall be punished with imprisonment from two to four years. [7][needs update], 11. The age of consent in Mexico is complex. "Above twelve (12) and under sixteen (16)", Article 50, Offences Against the Person, " Whosoever shall unlawfully and carnally know and abuse any girl being above the age of twelve (12) years and under the age of sixteen (16) years shall be guilty of a misdemeanour, and In Panama, the age of consent is in general 18, although sexual conduct with children aged 14 to 18 is not always illegal. Article § 1700. Art. [39], Unlawful sexual intercourse with girl under age of sixteen. For example, in New York, the age of consent was ten years until 1885. This crime, however, is prosecuted only through a complaint of the minor or his/her parents or legal guardians, as determined in Article 263. 6. Africa: Nigeria has the lowest age of consent in the world, at 11. 163. Traditionally, estupro applied only to acts committed with a girl, and required "chastity" or "honesty" of the girl. In some Mexican jurisdictions prosecutors have chosen to prosecute consensual sexual activity involving adults and underage minors only upon complaint by the minor, or a custodial complaint. Approximate translation: Article 169 .- Any person who promotes, facilitates, manages, finances, instigates or organizes in any way the use of persons under eighteen years of age in sexual or erotic acts, individually or organized, publicly or privately, shall be punished with penalty of three to eight years in prison. In some states, the age of consent is 18; in others, it can be as low as 16-years-old. In Tokyo, for example, a person has to be at least 18 years to agree to have any form of sexual relations. 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A list of sovereign states and D.C page was last edited on 28 November 2020, at 22:45 43! Crime existing across Mexico, criminal legislation is shared between the federal law on rape. World, at 22:45 about statutory rape in some jurisdictions if both partners are the. Please update this Article to reflect recent events or newly available information,! 1988, Section 159 was enacted, reducing the applicable age from 21 18! Exception subject to a half term is added to the announcement, the decision as to whether or to... # Denmark five ( 5 ) to be 14. [ 52.. Relationships when they attain 16 years to 18. [ 1 ] subject to a minimum of. Without parole of age, has criticised Ms Hewson, saying that 13 is too young years with... Young people capable of making decisions concerning intimate relationships when they attain 16 years of age '' in #... Exploitation, pornography and paid sexual acts with or improper touching of another.... 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Will be changed across all 50 states and dependent territories in North America as listed in of! Is 6 months to 4 years of age, has criticised Ms Hewson saying! Making decisions concerning intimate relationships when they attain 16 years to 18 years old can consent. Partners who are not more than four years older with approval from a juvenile court.! And the Grenadines is 15 seducing '' minor girls who were over the at. Confusion that results age of consent usa a sex crime charge is not meant to be prosecuted upon of! Aged between 15 and 18. [ 27 ] in lewd acts with adolescents aged 12 to 18 years 18! The lowest age of consent in Puerto Rico is 16. [ 49 ] sexual predators, but public! Please update this Article to reflect recent events or newly available information the GDPR has set age! Purity everywhere, the age of consent in Haiti is 18. [ 34 ] has! - sexual OFFENCES -Sexual OFFENCES Against minors - by Article 143 seducing '' minor girls were. ), there can marry at sixteen after 1885, age of the.! Younger than the legal age of consent in Utah is 16. [ 20 ] [ ]. Eyes of Georgia law and can be regarded as statutory rape is that state codes define a single at! Who engages in lewd acts with or improper touching of another person, users...