How much jail time can you get for a man having sex with an underage girl? 64 Answers as of August 20, 2012

If a 22 year old man has sex with an 11 year old girl, what is the maximum time?

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Law office of Robert D. Scott | Robert Scott
Statutory Rape is a felony punishable by 5 years or more in jail, plus fines.
Answer Applies to: Maryland
Replied: 8/20/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Life in prison.
Answer Applies to: Kansas
Replied: 8/13/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
The maximum penalty is a term of years to life imprisonment.
Answer Applies to: Michigan
Replied: 8/10/2012
Myles Hahn III Attorney at Law | Myles Hahn III
It completely depends on the facts of what happened. More time can be sentenced if an injury occurred, a weapon was used, and other factors.
Answer Applies to: Illinois
Replied: 8/13/2012
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
It would depend on his prior criminal history - could be anything from 93 to 318 months.
Answer Applies to: Washington
Replied: 8/13/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    LIFE without parole.
    Answer Applies to: Texas
    Replied: 8/13/2012
    John P Yetter | John Yetter
    This can be, depending on how it is charged exactly, a Class X felony in Illinois. That is a minimum of 6 years and maximum of thirty, depending on the defendant's criminal history.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    This is a very serious accusation. He need to speak with and retain a lawyer at once.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    Kevin Bessant
    Kevin Bessant | Kevin Bessant
    This is considered a 1st degree Criminal Sexual Conduct offense which carries a maximum penalty of life imprisonment.

    If convicted at trial, more than likely, the offender will be sentenced to a mandatory minimum 25 year sentence and with lifetime monitoring if paroled.

    Because this is a very serious offense with lifetime consequences, this person needs to consult the representation of an experienced criminal defense attorney who deals specifically with criminal sexual conduct cases.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry The answer depends on whether you are charged with CSC 1st or CSC 2nd. Your attorney will go over this with you. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, this fellow could get 30 years in prison.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    I don't want to scare you but it is Life.
    Answer Applies to: Virginia
    Replied: 8/13/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Life in Prison is a likely sentence for him.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Felony 2-3-4. Court is required to pick 3 unless it is especially awful (and this case of an 11 year old would probably get him 4 years). Google: California Penal Code Section 261.5 A minor cannot give consent legally even if they were lovers.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The amount of time a man can be sentenced to for having sex with a child depend on the section of the code he is charged under.

    If he is charged under Penal Code Section 288 (lewd act with a child) if open to the following sentencing; Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. Any person who commits an act described above by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years. Any person who is a caretaker and commits an act described above upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years. Any person who commits an act with the inten, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child. (2) Any person who is a caretaker and commits an act upon a dependent person, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. If it is charged as Penial code section 261.5 (statutory rape) he would be exposed to the following; Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment for two, three, or four years.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Gregory Crain | Gregory Crain
    Life in prison.
    Answer Applies to: Arkansas
    Replied: 8/13/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    There are many different charges that can be brought against the adult, but a violation of Penal Code section 288 is the first to come to mind. Under a conviction, assuming no other charges or enhancements, the defendant would face a maximum sentence of eight years.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Depending on how it's charged, they could be facing 15-life. At a bare minimum, 3 years state prison.
    Answer Applies to: California
    Replied: 8/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The charges actually filed by the DA will determine how much ?time? and other penalties could potentially be imposed.

    There are various charges that might apply and be brought in this situation, including felonies carrying multiple years in prison for each, with potential for decades in prison if convicted. Priors and strikes will add penalty enhancements under the 3-Strikes rules.

    If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well.

    Sex with minors charges would carry registration as a sex offender as well. If this is you, get an attorney. If you are on the side of the minor, the DA will be your attorney in the criminal case, but you can hire counsel to bring a civil damages lawsuit as well.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    That's called "statutory rape." And it caries a high prison sentence.
    Answer Applies to: California
    Replied: 8/13/2012
    Lee Law Group | Ernest Lee
    Friend: The amount of time you could get depends on several factors, including but not limited to the state laws of statutory rape and sentencing therefor. In addition, it is up to the judge who would hear your case.
    Answer Applies to: California
    Replied: 8/13/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    The crime you mention is a first degree felony with minimum mandatory sentences, that is punishable by up to life in prison.
    Answer Applies to: Utah
    Replied: 8/13/2012
    T.K. Byrne | Timothy K. Byrne
    It would depend on how he is charge. Rape could carry a life term. Sexual battery carries thirty years per count.
    Answer Applies to: Mississippi
    Replied: 8/13/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    With no priors, the maximum is 20 years.
    Answer Applies to: Alabama
    Replied: 8/13/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    99 years in prison is the max sentence.
    Answer Applies to: Texas
    Replied: 8/13/2012
    Miel & Carr, PLC
    Miel & Carr, PLC | Keeley D Heath
    The maximum penalty in such a case is life in prison, with a mandatory minimum of 25 years.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Steven Alpers | Steven Alpers
    This depends on how many occasions you had sex with her. It is possible that you could end up with a count which carries 17 years as a maximum if it is alleged that you had sex with her 3 or more times or their could be multiple counts depending if there were different sex acts claimed.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    It's difficult to answer this question because of so many variables under Illinois law. There are many ways he could be charged including possible class x crimes that mandate a minimum sentence of six years in prison and possibly extended to sixty years per class x offense.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    That will depend on a lot of factors. The number of charges, the exact nature of the sexual contact and whether there are any other victims.

    However, a straight 288(a) - none force child molest - single count - caries a max of 8 years. But depending on a number of other things, could carry a life term.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Offices of Konstantin D. Gurovich dba GBA LEGAL
    Law Offices of Konstantin D. Gurovich dba GBA LEGAL | Konstantin D. Gurovich, Esq.
    I would advise you to immediately seek legal counsel, someone particularly who is familiar with such cases not just any criminal defense attorney. These are extremely serious charges.

    The fact that the minor is under 14 and the person who committed the crime was 10 years older this crime is enhanced. The person would be charged with a felony facing at least 3 years in prison. They will have to register as a sex offender.

    California Penal Code Section 288 (a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. California Penal Code Section 288 (c)(1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.

    Hope this explains to you about how serious the charges may be.
    Answer Applies to: California
    Replied: 8/13/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Depends on what the facts are. Did this happen over a period of months or just one occasion? The maximum can be many years in prison and required to register as a sex offender for the rest of one's life.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    First Degree Sexual assault can get you 5-50 years, 2-20 years for second degree, and 0-15 years for 3rd degree. Read 6-2-306 of the Wyoming Statutes annotated.
    Answer Applies to: Wyoming
    Replied: 8/13/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That is a class D felony and you can get up to 7 years in prison if you are convicted.

    If you committed other separate crimes the sentences could run consecutive, like when you are accused of rape, sodomy, sexual abuse, and other crimes on multiple occasions.

    Child molesters and rapists are treated very badly by other prisoners and are often beaten up or stabbed in prison. I would advise you to stay away from any girl under age 17 and it does not matter what age she says she is or that you believe she is.
    Answer Applies to: New York
    Replied: 8/13/2012
    Sifuentes & Locke
    Sifuentes & Locke | Shannon Willis Locke
    If you are worried that you are being investigated for this accusation you need to not talk to anyone but your lawyer.

    You need to call a lawyer immediately and get representation. Having sex with an 11 year old girl, or being accused of having sex with an 11 year old, exposes someone to a range of punishment of 5 to 99 years depending on the person's criminal history.

    Any statement you make will be used against you, even if you believe that it will help or explain the situation. This is as serious as it can get so call someone immediately. I practice in Bexar County and surrounding areas, my initial consultation is free.
    Answer Applies to: Texas
    Replied: 8/13/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    If its a 288(a) penal code it's 4-6 or 8 years state prison.
    Answer Applies to: California
    Replied: 8/13/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    15 years to life in Utah.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    There are several different statutes under which he could be charged, but he would be looking at a lot of jail time.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    Pietryga Law Office | Russ Pietryga
    Well, there are a lot of factors that go into a sentencing. That said, here is the maximum fines and penalties for the crime, as you described it.

    Hope this helps.

    *Rape of a child** *(Utah Code 76-5-402.1) *Degree-*1st Degree Felony *Elements-*A defendant commits rape of a child when they have sexual intercourse with a child who is under the age of 14. *Fine-*A fine not to exceed $10,000,[1] plus a 90% surcharge.[2] *Restitution-*The court may require the convicted person to pay restitution. [3] * * *Imprisonment-*Mandatory[4] * * * **? *Not less than 25 years and which may be for life. ? Life without parole, if the judge finds that during the course of the commission of the rape of a child the defendant caused *serious bodily injury[5] * to another; or at the time of the commission of the rape of a child the defendant was previously convicted of a *grievous sexual offense[6] *. *Sexual Offender Registration-*Lifetime registration.[7] *DNA Specimen Analysis-*A defendant convicted of a 1st degree felony rape of a child must provide a DNA specimen.[8] *Firearms-*May not posses, use or have control of a firearm or ammunition for life.[9]
    Answer Applies to: Utah
    Replied: 8/13/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    In Missouri, statutory rape in the first degree where the victim is under age 12 years old carries a punishment of ten years to life imprisonment.
    Answer Applies to: Missouri
    Replied: 8/13/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Life in prison with a minimum 10 years before parole eligibility.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Ascheman & Smith | Landon Ascheman
    A person convicted of 1st Degree Criminal Sexual Conduct may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both.

    If you are facing criminal charges you should seek a criminal defense attorney that works with CSC charges, such as myself.
    Answer Applies to: Minnesota
    Replied: 8/13/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    60 years, at 85%, or life imprisonment in some instances. You need to contact a criminal lawyer right away.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    It is a minimum of 4 years to indeterminate
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Well, the rest of your life. It is an indeterminate sentence of 2-life with lifetime supervision on probation or parole.

    Very few people get out of prison on parole for these cases.

    Most judges will sentence you to prison. You need to speak with a lawyer about this immediately.

    You should not speak with anyone else about it. NO MATTER WHAT. Beware of the pre-text phone call.

    This is where the victim calls you and tries to get you to admit to certain facts or apologize, usually with an implied promise to move on or not tell anyone.

    This call is being recorded by police under their direction to try to make their case easier. DO NOT SAY ANYTHING - IT WILL BE USED AGAINST YOU IN COURT.

    I do not care what you want to say. You could listen for a minute and then say you have to go. You might say, I do not know what you are talking about. But, get off the phone and call a lawyer. These cases can be very expensive.

    If you do not have the money - then you will need a public defender. You cannot get one until you are charged. But, many attorneys will help you pre-charge for a much smaller fee.

    Do not have sex with 11 year olds.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Life imprisonment with no parole is the max penalty.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Criminal Sexual Conduct, First Degree carries a sentence of 15 years to life.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    This would be characterized as rape of a child, for which *life without parole *would be the maximum sentence.

    The statute governing this offense in Utah is set forth as follows: (1) A person commits rape of a child when the person has sexual intercourse with a child who is under the age of 14.

    (2) Rape of a child is a first degree felony punishable by a term of imprisonment of:(a) except as provided in Subsection (2)(b), not less than 25 years and which may be for life; or(b) life without parole, if the trier of fact finds that: (i) during the course of the commission of the rape of a child, the defendant caused serious bodily injury to another; or(ii) at the time of the commission of the rape of a child the defendant was previously convicted of a grievous sexual offense.

    (3) Imprisonment under this section is mandatory in accordance with Section 76-3-406. Utah Code Ann. ? 76-5-402.1
    Answer Applies to: Utah
    Replied: 8/13/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    There are a number of crimes which can be charged carrying various punishments up to life imprisonment.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Ten years.
    Answer Applies to: New Jersey
    Replied: 8/6/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    This offense would have a potential penalty of life imprisonment.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Mary W Craig P.C. | Mary W Craig
    Sexual abuse of a child under 12 is a Class B felony, which carries a sentence range of 2-20 years.

    However, that range can be increased if the person has prior felony offenses which, under the Habitual Offender Act, would raise the classification to a Class A felony.

    Then the sentence range is 20 years to life. Offenders convicted under this statute are not eligible for parole.
    Answer Applies to: Alabama
    Replied: 8/13/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    It would depend on what the person was charged with. If charged with CSC 1st, the man could face up to life in prison.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Law Office of Gregory T. Gibbs | Gregory T. Gibbs
    If you are convicted of sexually penetrating a person under the age of 13 you are guilty of criminal sexual conduct in the first degree.

    In Michigan this crime is punishable with a sentence carrying any term of years up to life in prison.

    The actual sentence will depend on a number of factors and how those factors cause you to score under the sentencing guidelines. A prison sentence will be a certainty.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If a 22 year old has sex with an 11 year old it is Aggravated Child Molestation, which carries a mandatory minimum of LIFE in prison, which means 30 years in prison before he is eligible for parole.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    In Colorado - that offense carries an "indeterminate sentence" meaning possible life in prison.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It would depend on many factors including the exact charges filed + if the person has a prior record. The sex offender treatment required, however, might be more difficult than any prison time.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    That depends on several factors such as prior record, individual psychological/criminalogical profile, etc.

    Criminal record can also affect maximum/minimum prison sentences. You require the assistance of an experienced attorney.
    Answer Applies to: Alabama
    Replied: 8/13/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The maximum is death, I think.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Bruce Plesser | Bruce Plesser
    A lot of jail time for this sex crime.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The offense is very serious and would constitute a first degree criminal sexual conduct offense.

    A person convicted may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both.
    Answer Applies to: Minnesota
    Replied: 8/13/2012
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    In Oregon, this is considered a "Jessica's Law" case because the girl was under age 12. This carries a tremendous penalty of 300 months in prison with no time reduction.

    Whoever is accused of this should keep their mouth shut and speak to an attorney immediately.
    Answer Applies to: Oregon
    Replied: 8/13/2012
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