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Teen Sex Is A Crime In Most States

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By SHANNON McCAFFREY, The Associated Press

Published: November 2, 2007

ATLANTA - The tough Georgia law that sent Genarlow Wilson to prison for having oral sex with a fellow teenager has been watered down. But in Georgia - and in many other states - it's still a crime for teenagers to have sex, even if they're close in age.
Legal experts say it's rare for prosecutors to seek charges. But, as the Wilson case illustrates, they can and sometimes do.

And the rising popularity of sex offender registries can often mean that a teen nabbed for nonviolent contact with someone a year or two younger might face the same public stigma as a dangerous sexual predator.

"It's ludicrous," Wilson's lawyer B.J. Bernstein said. "In order to look tough on crime they lawmakers are criminalizing teen sex."

Wilson was freed last week after the Georgia Supreme Court found that the 10-year mandatory sentence he received for having oral sex with a 15-year-old girl at a New Year's Eve party in 2003 when he was 17 was cruel and unusual punishment. He had served almost three years in prison.

Georgia's law has since been rewritten to make the same act a misdemeanor punishable by up to a year in prison.

Across the country, ages of consent range from 14 to 18.

Lawyers and health educators say most teens - and many parents - are unaware that even consensual teenage sex is often a crime. The patchwork of laws and ages from state to state leaves many confused and critics say more education is badly needed.

"We do a disgraceful job of educating kids about the very real consequences that they face," said J. Tom Morgan, a former DeKalb County district attorney who has a new book coming out called "Ignorance Is No Defense: A Teenagers Guide to Georgia Law."

"If society is going to punish them as adults," Morgan said, "then society ought to educate them."

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