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A. Statutory Rape - Criminal Offenses
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Engaging in sexual acts with someone less than 16 years of age is illegal,[556] with the following exceptions:
- If the victim is at least 13 years of age and the defendant is no more than 4 years older than the victim or is the victim’s spouse.[557]
- If the victim is less than 13 years of age and the defendant is no more than 4 years older than the victim.[558]
Definition of Offenses
Offense Definition Indecent liberties between children[559] For the purpose of arousing or gratifying sexual desire—taking or attempting to take immoral, improper, or indecent liberties with someone of either sex where the defendant is less than 16 years of age and at least 3 years older than the victim. For the purpose of arousing or gratifying sexual desire—committing or attempting to commit lewd or lascivious acts upon someone of either sex where the defendant is less than 16 years of age and at least 3 years older than the victim.
Taking indecent liberties with children[560] For the purpose of arousing or gratifying sexual desire—taking or attempting to take immoral, improper, or indecent liberties with someone of either sex less than 16 years of age where the defendant is at least 16 years of age and at least 5 years older than the victim. Committing or attempting to commit lewd or lascivious acts upon someone of either sex less than 16 years of age where the defendant is at least 16 years of age and at least 5 years older than the victim.
Statutory rape or sexual offense of person who is 13, 14, or 15 years old[561] Engaging in vaginal intercourse or a sexual act[562] with someone at least 13 years of age and less than 16 years of age where the defendant is more than 4 years older than the victim and not the victim’s spouse.[563] 1st degree sexual offense[564] Engaging in a sexual act with someone less than 13 years of age where the defendant is at least 12 years of age and at least 4 years older than the victim. 1st degree rape[565] Engaging in vaginal intercourse with someone less than 13 years of age where the defendant is at least 12 years of age and at least 4 years older than the victim.
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B. Child Abuse Reporting Requirements
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1. Inclusion of statutory rape in reporting requirements
Mandated reporters are required to report abuse, including sexual abuse.[566] The definition of sexual abuse makes specific reference to the crimes listed in the previous section. However, abuse is defined to only include those acts perpetrated by a child’s parent, guardian, custodian, or caretaker.[567]
2. Mandatory reporters
Any person or institution that suspects that a child has been the victim of abuse must make a report to the appropriate authorities.[568]
3. Who to report to
Mandated reporters must report suspected abuse—orally, by telephone, or in writing—to the Director of the Department of Social Services in the county where the victim lives.[569]
4. State response
The Director of the Department of Social Services is responsible for initiating an investigation within 24 hours of receiving any report of suspected abuse.[570] If the initial investigation indicates that the victim was abused, the Director must notify the district attorney and the appropriate local law enforcement agency within 48 hours of receiving the report. Within 48 of receiving notification from the Department, the local law enforcement agency must begin a criminal investigation of the report. Law enforcement must coordinate with the Department in its investigation.[571]
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