888.909.7896

NINTH CIRCUIT SAYS CALIFORNIA’S STATUTORY RAPE LAW IS NOT A PER SE CRIME OF VIOLENCE

23
Oct

The Ninth Circuit Court of Appeals holds that although statutory rape is a per se crime of violence under the sentencing guidelines, the California statute, 261.5(c), is overly broad because it puts the age of consent at 18.
The “common and accepted” definition of the vast majority of states and the model penal code set the age of consent at 16. Siler dissents from this, arguing that statutory rape is defined as sex with a minor, and it is up to the states to set the age. Siler points out that the minority of states that have a different age than 16 include some of the most populous, such as California, Texas, New York, Florida, and Illinois.
US v. Rodriguez-Guzman, No. 06-10585 (10-22-07).

close