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However, a charge could only be made if it came to the attention of law enforcement officials.

A minor can only legally consent to sex if he/she is legally married.

California Penal Code Section 261.5 also states that two minors, emancipated or not, who engage in sexual intercourse constitutes .

Even if both minors consented, they could still face statutory rape charges because California’s age of consent is 18.

In 1880, the age of consent was set at 10 or 12 in most states, with the exception of Delaware where it was 7. The act has to be illegal under state or federal law to be charged with a crime under 2422(b), and can even be applied to situations where both parties reside within the same state but use an instant messenger program whose servers are located in another state. The United States Department of Justice seems to agree with this interpretation. For the purposes of age of consent, the only provision applicable is {Chapter 109A, 18 U. Smith and Kercher wrote that there had been "large inconsistencies" among the decisions of prosecution and sentencing of these cases, and there had been accusations that minority males who have sex with minority women resulting in pregnancy and/or who have sex with white women have faced the brunt of enforcement. Shown by articles of the Code of Alabama: 13A-6-70: (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old... It would not matter if the older person did not know of the age difference, or if the younger person lied about age. Consensual (between minors) sexual intercourse over the 2-year age difference (where the minor is under 13 years old) would subject the older minor to a charge of Sexual Assault, 1st Degree, in violation of C. However, the offender would have the same chance to apply for Youthful Offender status (see Sexual Assault, 2nd Degree above) provided the criteria are met. Crimes and Criminal Procedure, Delaware Criminal Code § 770. (a) A person is guilty of rape in the fourth degree when the person:...2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse.