That law that applies is the law that was in place at the time the offense occurred. A new law that has not yet gone into effect will not impact your case.
The present age of consent in your state is not 14. It is 15. the statute states that it is a crime to have sexual contact with a person 14 years old or less. Please read the statute below. I have included the relevant statute with highlighted portions below.
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SECTION 16-3-655. Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders.
(A) A person is guilty of criminal sexual conduct with a minor in the first degree if:
(1) the actor engages in sexual battery with a victim who is less than eleven years of age; or
(2) the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D).
(B) A person is guilty of criminal sexual conduct with a minor in the second degree if:
(1) the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age; or
(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense.
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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state
