SB 325

This bill creates the offense of underage sexual activity. Under current law, a

person who has sexual intercourse or sexual contact with a child who is at least 13

but under 16 is guilty of a Class C felony. Under this bill, a person who has sexual

intercourse with a child who is between 15 and 18, or sexual contact with a child who

is 15, is guilty of a Class A misdemeanor if the person is less than 19 years old. Under

current law, a person may be required to register as a sex offender for certain crimes

that are sexually motivated if the judge determines that it would be in the interest

of public protection to have the person register. Under this bill, the new offense of

underage sexual activity would be subject to this provision. This bill does not affect

crimes involving sexual contact or intercourse by use or threat of force or violence.

Current law provides exceptions to the requirement to register as a sex offender

if the offender commits sexual assault of a child, repeated sexual assault of a child,

or sexual assault of a child in substitute care and the court makes certain findings

(commonly known as the Romeo and Juliet exceptions). For instance, the court must

find that the person had not attained the age of 19 years and was within four years

of the age of the victim. This bill adds specific acts of third-degree sexual assault to

the list of offenses eligible for the exception if the actor is under the age of 19 and the

victim is at least 15.