Ocean City Statutory Rape Penalties

Ocean City statutory rape penalties can be harsh. Statutory rape is rape in the second degree, which occurs when the other party is under the age of 14 and the defendant is at least four years older than the other party. The maximum penalty for that would be 20 years in prison. That does not mean that a person would receive the full 20 years but that is the maximum that the court could impose.

It is also important to understand for second-degree rape, there is another age-based offense that is in second-degree rape and that is when the defendant is 18 years of age or older and the other party who is under the age of 13. For that particular offense, the state also has to prove that there was force or threat of force. If those ages are involved, then the sentence is much, much more serious because there is a mandatory minimum of not less than 15 years in that situation. Mandatory minimum means that the court cannot suspend any part of it and those people are not eligible for paroles so they will do a day-for-day sentence of 15 years. A skilled Ocean City statutory rape lawyer can help you through the penalties.

Degrees of Statutory Rape and the Potential Penalties

The fifteen year minimum mandatory for Ocean City statutory rape penalties only applies to the scenario where the defendant is 18 or older, the other party is under 13, and the rape occurred by force or threat of force. As far as first-degree rape goes, the maximum penalty for a first-degree rape charge could be imprisonment for life without the possibility of parole. With that, the state must notify the defendant under the statute that they are attempting to pursue a life without a parole sentence.

Under first-degree rape, if the defendant is 18 or older and the other party is under 13 years old, and if the state can prove all the other elements for a first-degree rape, it carries a mandatory minimum of not less than 25 years in prison. That means no parole, and no part of that sentence can be suspended. It is a day-for-day 25-year sentence depending on the age of the defendant and the other party.

Statutory Rape Penalties vs. Rape Penalties

Statutory rape penalties in Ocean City are harsher than typical rape penalties may be, depending on the age. Whenever a  mandatory minimum sentence is involved, that is huge because for somebody who is found guilty of a second-degree rape with a maximum penalty of 20 years, then the parties can each argue what they think the correct sentence should be and the judge will then pass the sentence. Often times, the judge will consider lots of different factors like if the defendant has any prior criminal record or if this is their first offense.

Taking other things like that into consideration, a judge would have the discretion to give a sentence that the judge thought was appropriate. However, when there is a mandatory minimum sentence involved, does not matter what the defendant’s criminal record might be and it does not matter if the other party actually had no criminal record. The penalty is no longer within the judge’s discretion. Instead, it is a mandatory minimum. Talk to a professional Ocean City statutory rape lawyer for more information.