How much jail time can you get for a man having sex with an underage girl?

Question

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

John Patrick Yetter · Answer

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.

Kevin Bessant · Answer

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.

James Schoenberger · Answer

It would depend on his prior criminal history - could be anything from 93 to 318 months.

Thomas Tomko · Answer

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.

Michael J. Breczinski · Answer

Life in Prison is a likely sentence for him.

Dennis Roberts · Answer

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.

Eric Sterkenburg · Answer

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.

Michael Lynch · Answer

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.

Gregory Crain · Answer

Life in prison.

Joseph Dane · Answer

Depending on how it's charged, they could be facing 15-life.  At a bare minimum, 3 years state prison.

Jeff Yeh · Answer

That's called "statutory rape." And it caries a high prison sentence.

Terry Nelson · Answer

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.

Timothy Byrne · Answer

It would depend on how he is charge. Rape could carry a life term. Sexual battery carries thirty years per count.

Michael Edwards · Answer

The crime you mention is a first degree felony with minimum mandatory sentences, that is punishable by up to life in prison.

Mark R. Thiessen · Answer

99 years in prison is the max sentence.

Steven Alpers · Answer

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.

Michael Chastaine · Answer

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.

Konstantin Gurovich · Answer

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.

Shannon Locke · Answer

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.

Bernal Ojeda · Answer

If its a 288(a) penal code it's 4-6 or 8 years state prison.

Benjamin Gordon · Answer

15 years to life in Utah.

Russell Pietryga · Answer

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]

James Edward Smith · Answer

Life in prison with a minimum 10 years before parole eligibility.

Stephen Richards · Answer

60 years, at 85%, or life imprisonment in some instances. You need to contact a criminal lawyer right away.

Randall England · Answer

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.

Gary Russell · Answer

Criminal Sexual Conduct, First Degree carries a sentence of 15 years to life.

Leonard A. Kaanta · Answer

Life imprisonment with no parole is the max penalty.

Jaime Cowan · Answer

It is a minimum of 4 years to indeterminate

Jason Savela · Answer

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.

Larry Dunn · Answer

There are a number of crimes which can be charged carrying various  punishments up to life imprisonment.

Herschel Bullen · Answer

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

Dennis P. Mikko · Answer

It would depend on what the person was charged with.  If charged with CSC 1st, the man could face up to life in prison.

Kevin Ellmann · Answer

In Colorado - that offense carries an "indeterminate sentence" meaning possible life in prison.

Gregory Gibbs · Answer

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.

Edward Kroll · Answer

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.

Robert De Groot · Answer

The maximum is death, I think.

Keeley D. Heath · Answer

The maximum penalty in such a case is life in prison, with a mandatory minimum of 25 years.

Bruce Arthur Plesser · Answer

A lot of jail time for this sex crime.

Ernest Lee · Answer

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.

Austin Hirschhorn · Answer

The maximum penalty is a term of years to life imprisonment.

Stuart Nachbar · Answer

Ten years.

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How much jail time can you get for a man having sex with an underage girl?

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