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An example of when the Romeo and Juliet defense may apply is if consensual sexual intercourse has taken place between the victim who is 17 years old and the defendant who is 18 years and is attending high school or has graduated.
The advantage of using the Romeo and Juliet defense is that it could mitigate the defendant’s liability for the crime or clear it altogether.
Felony carnal knowledge of a juvenile is sexual intercourse with consent between (1) someone age 19 or older and someone between age 12 and 17 or (2) someone age 17 or older and someone between age 12 and 15.
Under subsection (f) of Arizona Revised Statutes 13-1407, your defense attorney can bring a Romeo and Juliet defense if the victim is age 15, 16, or 17 and the defendant is under 19 years of age or attending high school and is no more than 24 months older than the victim and the conduct is consensual.
Statutory rape to sexually penetrate a person at least age 13 but less than age 18 if the actor is at least four years older than the victim.
Any actor under age 18 must be tried as a juvenile and cannot be transferred to adult court.
Under the statute, it is illegal to knowingly or intentionally engage in sexual intercourse or oral sexual contact with any person who is below the age of 18.
For example, if you are 21 years old and your partner is 17 years old, it is illegal for you to engage in sexual intercourse or oral sexual contact with your partner.
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Sexual assault for anyone to intentionally or knowingly penetrate a person under age 17, other than his spouse.