2006-10-12 15:00:33 · 5 answers · asked by April M 1 in Politics & Government ➔ Law Enforcement & Police
depends where your from. all states have different laws and meanings for charges. it all depends where you from.
this is the meaning in NY.
Some Factor Other Than Incapacity to Consent: Rape 3 and Criminal Sexual Act 3 have recently been modified with a "no means no" clause. In cases of intercourse only, if the victim expressed that he or she did not consent to the sex act in such a way that a reasonable person would have understood those words or acts as expressing lack of consent, this would be prosecutable as Rape in the third degree or Criminal Sexual Act in the third degree. This makes a case easier for the District Attorney to prosecute because it is based on a reasonable person standard, and not on the specific interpretation of a defendant.
2006-10-12 15:05:55 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Here is the exact legal definition of Third Degree Rape:
510.060 Rape in the third degree.
(1) A person is guilty of rape in the third degree when:
(a) He engages in sexual intercourse with another person who is incapable of
consent because he or she is mentally retarded;
(b) Being twenty-one (21) years old or more, he or she engages in sexual
intercourse with another person less than sixteen (16) years old;
(c) Being twenty-one (21) years old or more, he or she engages in sexual
intercourse with another person less than eighteen (18) years old and for
whom he or she provides a foster family home as defined in KRS 600.020; or
(d) Being a person in a position of authority or position of special trust, as defined
in KRS 532.045, he or she engages in sexual intercourse with a minor under
sixteen (16) years old with whom he or she comes into contact as a result of
that position.
(2) Rape in the third degree is a Class D felony.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 31, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and ch. 282, sec. 1, effective
July 15, 2002. -- Amended 1988 Ky. Acts ch. 283, sec. 12, effective July 15, 1988. --
Created 1974 Ky. Acts ch. 406, sec. 86, effective January 1, 1975.
2006-10-12 22:11:53 · answer #2 · answered by angel122202 2 · 0⤊ 0⤋
No such thing in California. It can be Statutory Rape (having sex with a minor over the age of 14) in some states.
2006-10-13 00:40:32 · answer #3 · answered by Mr. PhD 6 · 0⤊ 0⤋
in all states i know that is when a person ingages with sex with a person under the age of.21. years old and that person is older than the person who is younger than them this is law look at this website i am typing on updated laws . www. sexulal laws . com www . updatedlawsonjuvilines.com
2006-10-12 22:12:11 · answer #4 · answered by the_silverfoxx 7 · 0⤊ 0⤋
it means that any smart lawyer can get you off
2006-10-12 22:10:07 · answer #5 · answered by acid tongue 7 · 0⤊ 0⤋