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under sixteen (16) years of age. 566.064. Quotes displayed in real-time or delayed by at least 15 minutes. [109], The laws were designed to prosecute persons much older than their victims rather than teenagers close in age; therefore prosecutors rarely pursued teenagers in relationships with other teenagers even though some laws made close-in-age teenage relationships illegal. 6318. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: (5)If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim. 2251 to 18 U.S.C. A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" (defined under state law as any act of oral sex or anal sex). [149][150], Georgia was resistant to raising its age of consent in the Progressive Era. (NY Penal Law 130.10[4].). Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older. ", 1708. Pierre Gentin is the General Counsel of McKinsey & Company. The Idaho legislature would pass Jessica's Law if the governor would show some leadership. Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. The age of consent in Florida is 18,[20] but close-in-age exemptions exist. No employee of a K-12 school can have any sexual activity with any student at that school except when married to the person {1427.7}; this is a felony unless the actor is less than 4 years older than the student and is not a teacher, administrator, student teacher, safety officer, or coach. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant. [164] Emily McAsey, a Democratic state representative from Lockport, stated opposition to the idea, citing that she was "troubled" by the idea of a romantic relationship between a 14-year-old and an 18-year-old. Bill 1139 was introduced in 2011 to decriminalize sexual relationships between children 1316 years old and those fewer than five years older, but the bill failed to pass. Sex with a person under 15 is a Class "D" violent felony if the perpetrator is at least 18. [129], In the 1990s Governor of California Pete Wilson stated that there was a trend of men in their mid-to-late 20s having sex with and impregnating teenage girls around 14 years of age and that the statutory rape laws needed to be enforced to prevent this. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17. Statutory rape or sexual offense of person who is 13, 14, or 15 years old. After Jessicas death, her father, Mark Lunsford, pushed for new legislation to strengthen regulations on tracking released sexual offenders. 254. In June 2005, a bill was proposed before the Georgia General Assembly to raise the age of consent from 16 to 18. In 1894, the Georgia Supreme Court reversed the conviction of a man convicted of raping a 10-year-old girl because the age of consent in Georgia was 10 at the time. Sex with a person under 17 is a misdemeanor if the perpetrator is at least, Sex with a person under 17 is a Class "E" felony if the perpetrator is at least 21. 18-7-205. Such partners could not be prosecuted under statutory rape laws, but may be liable for other offenses, even when the sexual activity is consensual. A. enticing, persuading or attempting to persuade a child under the age of sixteen years to enter any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the Criminal Code; or "Provisions for juvenile offenders are important in age of consent laws". There are also three exceptions for people close in age. This is a class B felony, and there is no close in age exception, nor is there a requirement that the actor be over 18 years of age.[143]. Any sexual intercourse with a person under 16 years of age is prohibited unless the defendant is less than 4 years older than the victim except when married to the person {1427.2, 1427.4 & 1427.7A}. Sexual abuse of a minor in the third degree. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age. An individual commits unlawful sexual conduct with a minor if they are 10 or more years older, or seven or more years older but less than 10 years older and knew or reasonably should have known the age of the minor and (under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, unlawful sexual activity with a minor, or an attempt to commit any of those offenses): (i) has sexual intercourse with the minora third-degree felony; (ii) engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual, regardless of the sex of either participanta third-degree felony; (iii) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual, regardless of the sex of any participanta third-degree felony; or. 18-3-402, the crime of sexual assault upon a child by a person in a position of trust, C.R.S. Penalties differ depending on the age of the minor, as well as the age difference between the minor and the offender. Subtitle 3 - Minors. (3) Any person who is found guilty of sexual assault of a child in the first degree under this section and who has previously been convicted. All child prostitution offenses are class three felonies (class one felonies are capital offenses, class two felonies include second degree murder). Powered and implemented by FactSet Digital Solutions. Sexual abuse of a minor in the second degree. Statutory rape and sodomy in the second degree, RSMo 566.034 and 566.064 involve a victim less than 17 years of age and an accused who is 21 years of age or older. 2423(b)} forbids traveling in interstate or foreign commerce to engage in "illicit sexual conduct" with a minor; this is considered one form of sexual tourism. Though there is a specific law targeting "sexual performance", which requires a visual representation (like a video or a part in a play). Despite the age gap exceptions for sexual assault charges, subsection 2 of Section 53-21 (Injury or risk of injury to, or impairing morals of, children) criminalizes anyone who "has contact with the intimate parts, as defined in section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child". This material may not be published, broadcast, rewritten, or redistributed. The age of consent in Michigan is 16, unless one is an authority figure in which case the age of consent is 18. and Other Stories at the Juncture of Teen Sex and the Law", From Jailbird to Jailbait: Age of Consent Law and the Construction of Teenage Sexualities, William & Mary Journal of Women and the Law, Romeo and Juliet Laws What They Mean For Teens, Federal Statutes Relating to Crimes Against Children, List of states and territories of the United States, Office of the Director of National Intelligence, Greenhouse gas emissions by the United States, https://en.wikipedia.org/w/index.php?title=Ages_of_consent_in_the_United_States&oldid=1137969192, Wikipedia indefinitely semi-protected pages, Short description is different from Wikidata, Articles with failed verification from December 2022, Articles with unsourced statements from October 2019, Creative Commons Attribution-ShareAlike License 3.0, "A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, domestic partnership, or adoption", "A legal or de facto guardian or any person, more than 4 years older than the victim, who resides intermittently or permanently in the same dwelling as the victim", "The person or the spouse, domestic partner, or paramour of the person who is charged with any duty or responsibility for the health, welfare, or supervision of the victim at the time of the act", "Any employee or volunteer of a school, church, synagogue, mosque, or other religious institution, or an educational, social, recreational, athletic, musical, charitable, or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth leader, chorus director, bus driver, administrator, or support staff, or any other person in a position of trust with or authority over a child or a minor.". Pierre is the first non-consultant elected a senior partner in McKinseys The most common age of consent is 16, which is a common age of consent in most other Western countries. The South Carolina Supreme Court ruled that the states six-week abortion ban was unconstitutional on January 5. 3123 Involuntary deviate sexual intercourse. [75], The age of consent in Rhode Island is 16. The punishment is varied, depending on the ages of the perpetrator and the victim, and there are more severe penalties if there is a wider gap between the age of the perpetrator and the age of the victim:[129], There are also civil sanctions possible for a violation stated above. Rape of a child in the third degree is a class C felony. The law also prohibited sex offender parolees released from prison on or after Nov. 8, 2006 from residing within 2,000 feet of any school and park where children congregate. WebCurrently, 30 states and many more municipalities have residence restriction laws, some in accordance with Jessicas laws (Meloy, Miller & Curtis, 2008). Multiple Penal Code sections were affected by Assembly Bill 1844 including increased penalties for sex offender parolees, closer oversight of sex offenders, mandatory sex offender treatment and longer parole periods for felony sex crimes involving physical contact with children. Unless the juvenile waives the right to a trial by jury, the case proceeds to the regular criminal docket of the Superior Court, where the juvenile must face trial as an adult. Section 12.1-20-05 of the code refers to sexual acts between adults and teenagers aged 15, 16 and 17: 12.1-20-05.Corruption or solicitation of minors. However, while Colorado law does recognize common law marriages entered into when both spouses are eighteen years of age or older, it does not recognize common law marriages entered into in Colorado or elsewhere after September 1, 2006, when one spouse is under eighteen years of age. (4) In any prosecution under this section, the age of the actor shall be an essential element of the offense that must be proved beyond a reasonable doubt. If the minor is below 16 both sexual intercourse and any sexual contact are a felony; sexual intercourse with a minor 16-17 by a perpetrator who is not married to the minor is a Class A misdemeanor. [95] In addition, the man had to serve one year in prison and register as a sex offender due to the sodomy charge. Children under age 16 are considered incapable of consent (but it is a lesser offense if the older party is less than 36 months older). Thus, any person who commits one of these lesser offenses would necessarily commit the greater offense of "Predatory sexual assault against a child." Aggravated indecent liberties with a child is sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.[170]. Unlawful sexual contact in the second degree, Smith, Brittany Logino and Glen A. Kercher. Since 2005, states have been enacting Jessica's Law statutes, which provide for lengthy penalties (often a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring) for the most aggravated forms of child sexual abuse (usually of a child under age 12). This meets the statutory requirements outlined in California Penal Code (PC) Section 3008 (also known as Chelseas Law). Attorney General of Virginia Ken Cuccinelli asked the U.S. Supreme Court to do a rehearing, arguing that the state's sodomy laws may still constitutionally apply to 16- and 17-year-olds. Under certain aggravating circumstances, the crime becomes a Class A felony.[38]. Section 30-9-11: Criminal sexual penetration. No other broadcast has taken on this cause. Legal Statement. This law is also extraterritorial in nature to U.S. Citizens and Residents who travel outside of the United States. And for every "Factor" viewer and listener who does that, AT&T will send a card good for 20-minute free phone call back home. (All other conditions for simple sexual assault do not impact the NJ age of consent. ", This page was last edited on 7 February 2023, at 09:28. The only minimum age for a perpetrator of first degree rape/criminal sexual act with a victim under 11 (NY Penal Law 130.35[3] & 130.50[3]), sexual abuse in the first and second degrees (NY Penal Law 130.65[3] & 130.60[2]), and misdemeanor sexual misconduct (NY Penal Law 130.20) is provided by the defense of infancy found at NY Penal Law 30.00(1). WebIn 2006, the Kansas Legislature passed House Bill 2576 Jessicas Law which provides significant increases to penalties for sexual offenses involving minors. (2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with 5-2-305. [194], Teenagers aged 13, 14 and 15 may or may not be able to legally engage in sexual activity with partners who are less than 4 years older. Megan's Law is the common term for state laws that create and maintain a sex offender registry that makes information on registered sex offenders available to the In some places, civil and criminal laws within the same state conflict with each other. In 2005 JoAnne Epps, a former prosecutor and Temple University Beasley School of Law dean of academic affairs, stated that the corruption of minors charge is considered to be a separate crime from that of statutory rape; she stated that the consideration of whether a minor is consenting to sexual activity is a separate issue from whether someone is corrupting the minor's morals. You'll have a good time taking the "O Quiz" and checking out the great Father's Day stuff we have. It is illegal for a person of any age to have sex with a child beneath 13 years of age who they are not married to. (People v. Bowman, 88 Misc. 3252(c) No person shall engage in a sexual act with a child who is under the age of 16, except: However it rises to 18 if the person is related to the minor or in a position of authority over him. Taking indecent liberties with children; penalties", Ken Cuccinelli Loses Bid to Re-Ban Sodomy, "STATE v. LUTHER | 65 Wn. Cooleys Jessica Pollet and Michelle Rogers and analyze increased scrutiny from the Consumer Financial Protection Bureau and state attorneys general of financial add-on products in the automotive industry, and advise how organizations can prepare. Sexual abuse of a child under 15 years of age; penalty", "2018 Code of Virginia:: Title 18.2 - Crimes and Offenses Generally:: Chapter 8 - Crimes Involving Morals and Decency:: 18.2-370. (B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim. Younger minor under 13 + Elder minor under 16 (more than 3 years between them): Younger minor under 13 + Elder minor above 16: pornography = 2nd Degree (younger under 16 vs. elder above 16 ), Sexual contact = 2nd Degree (for elder minor oneself or if (s)he helps another person), Sexual penetration = 1st Degree (for elder minor oneself or if (s)he helps another person). Section 436 in the First Degree (Unclassified Felony); However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor. Statutory rape, second degree, penalty. Under 18, there is a defense for sexual contact if the younger (<14) minor is not more than 4 years younger if 12 or above, or not more than 3 years younger if under 12. simply, in front of above 16 = Indecent Exposure in the 2nd Degree (Class B misdemeanor). The state code defines felony statutory rape as crimes against those under 15, while adults who have sex with minors over 15 can be prosecuted for a misdemeanor offense,[95] "contributing to the delinquency of a minor. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if: (iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor. There is, however, a marital exception which allows a person to have sex with a minor 16 or older if they are married to the minor. They argue local officials should make their own laws free of congressional interference and decry Republicans as hypocrites since they typically promote state and local rights. The age of consent is 18. 13-02-700-CR. An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony. U.S. Department of Health and Human Services, "Section 632-A: 3 Felonious Sexual Assault", "Section 632-A: 2 Aggravated Felonious Sexual Assault", "2006 New Mexico Statutes - Section 30-9-11 Criminal sexual penetration", "2006 New Mexico Statutes Section 30-9-11 Criminal sexual penetration", "New York Consolidated Laws, Penal Law - PEN", "General Statute Chapters - North Carolina General Assembly", "Ohio Age of Consent/Statutory Rape Fact Sheet", "Lawriter - ORC - 2907.04 Unlawful sexual conduct with minor", "Lawriter - ORC - 2907.03 Sexual battery", "Oklahoma Statutes 21-1111. The coordinator for New Jersey Majority Women, Elizabeth Sadowski, asked for a postponement of this bill.[177]. Sexual Abuse of a Minor in the Second Degree. (d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild. Tending to corrupt like contributing to delinquency is a broad term involving conduct toward a child in an unlimited variety of ways which tends to produce or to encourage or to continue conduct of the child which would amount to delinquent conduct. Remember, about a year ago, there were only a few states. (All ages mentioned are "at the time of the act".) See Rape law in Alabama. Sexual contact with child under sixteenFelony or misdemeanor. [163] An editorial in the Chicago Sun-Times argued in favor of the bill. ), Sex with a person under 11 is a Class "B" violent felony if the perpetrator is at least 16. "Sexual contact", that is, non-penetrative sex, defined as "the intentional touching of a person's intimate parts, whether directly or through clothing, to arouse or to gratify the sexual desires of any person" is not permitted with children under 16, but a close-in-age exemption allows those aged at least 13 to engage in such acts with partners under 18. WebMany other states have Jessica's Laws with lower age limits. Taxes are due every April 15th. "Under Texas law, a person commits the offense of Sexual Performance by a Child [] Like the *8 Oregon statute, this Texas statute identifies the age of consent as 18. The age of consent in Virginia is 18,[94][96] with a close-in-age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than 18. They argue local officials should make their own laws free of congressional interference and decry Republicans as hypocrites since they typically promote state and local rights. Kansas, Texas and Wyoming do not have a Good Samaritan law for drug overdoses but have a Naloxone Access law. Powered and implemented by FactSet Digital Solutions. Notwithstanding 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer. There is an exception. (see Article 1700, Article 1702, Article 1708). (a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person. "[113] In some states it is common to only prosecute the male in events where both parties in a heterosexual relationship are below the age of consent. Table current as of May 13, 2022. WebWhat is Jessica's Law? The United States Department of Justice seems to agree with this interpretation. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose Additionally, Oregon has a three-year rule defined under ORS 163.345. App. AS 11.41.436. (8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. Note: these are not close-in-age exceptions but defenses in court. 2007)(lesser offense of possession does not require distribution or an intent to distribute to a third party); United States v. Burgess, 576 F.3d 1078, 1102 (10th Cir. [107], The age of consent in Hawaii is 16. However, there exist in the legislation defenses to prosecution if the defendant is close-in-age to the minor or a spouse of the minor. If the offender is 21 years of age or older, the minimum is raised to 10 years in prison, and the offender is subject to sex offender sentencing guidelines. Foster parents with their foster children; school teachers and school administration employees over their students (including, as interpreted by the Washington State Supreme Court, students up to age 21[98]); The third set of circumstances require all of the following situations occur in tandem: The older person is 60 months or older than the 16- or 17-year-old, the person is in a significant relationship as defined by RCW 9A.44.010, and such older person abuses the relationship to have sexual contact. 53a-70. The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person", as well as electronically transmit any depiction of such an act. [163], By 2012 Democratic state senator William Haine of Alton sponsored Senate Bill 3359 which included a provision that a person who had sex with a minor between 13 and 17 while he/she was fewer than five years older may petition to be removed from the sex offender registry after serving 10 years. Article 1700. Governor Dave Freudenthal doesn't care, and has even attacked "The Factor" for advocating Jessica's Law. Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that. Mutual Fund and ETF data provided by Refinitiv Lipper. (b) (1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony. However, if the partner is acting "in loco parentis", e.g. (All other conditions for aggravated sexual assault do not impact the NJ age of consent.). This is a Class B or C felony. 920b), to which essentially only members of the United States Armed Services and enemy prisoners of war are subject, defines the age of consent as 16 years but allows an exemption for people who are married to minors 1215 years old. Cooleys Jessica Pollet and Michelle Rogers and analyze increased scrutiny from the Consumer Financial Protection Bureau and state attorneys general of financial add-on products in the automotive industry, and advise how organizations can prepare. Alaska Statutes Title 11. NH Criminal code Section 632-A:3 and Section 632-A:2 People magazine and other Duggar-loving publications have the story about Jessa Duggar Seewald s recent medical treatment, which they take pains to call anything but an abortion. [165] Haine stated that he did not want "Romeo and Juliet" offenders to be on the sex offender registry.[166]. Michigan. Under certain aggravating circumstances, the offense increases to a Class B felony or to a Class A felony. In March 2013 the U.S. Court of Appeals overturned the sodomy conviction, saying it was unconstitutional according to the 2003 Lawrence v. Texas decision. Paraphrasing Virgin Islands Code: V.I.C. Everyone must prove they are eligible to work. First, a person must have committed sexual contact (that is, intentional touching of intimate parts for sexual gratification) while the victim was under 13 and the assailant was over four years older. Under Pennsylvania law, a defendant is strictly liable for the offense of rape, a felony of the first degree, when the complainant is 12 or younger. [108] Other states have measures which reduce penalties if the two parties are close in age, and others provide an affirmative defense if the two parties are close in age. The Arizona Court of Appeals ruled on December 30 that doctors cannot be prosecuted under an 1864 law banning abortion. Under KRS 510.110(1)(c), the actions stated above (without the qualification of "position of authority or special trust") are also "sexual abuse in the first degree" when performed by anyone 21 or older if the other person is under 16. a person at least 18 but under 21 to subject a person under age 16 to sexual conduct ( 510.120(1)(b)), or. Extradition is a formal, cooperative law enforcement process between two jurisdictions where one state can turn over a person accused or convicted of a crime to the state where they were charged or convicted. Midway Atoll is under the jurisdiction of the US Federal Government Department of the Interior (administered as a National Wildlife Refuge). [138], In 2012 Kristin Olsen, a Republican member of the State Assembly of California, sponsored a bill that criminalizes sexual relations between K-12 teachers and students, including students over 18, as well as sexual text messages and other communications aimed at seducing a student. 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[ 38 ]. ) the second degree murder ) states! In the legislation defenses to prosecution if the perpetrator is at least 16, Brittany and. These are not close-in-age exceptions but defenses in Court increases to penalties sexual! Offenses, Class two felonies include second degree contact in the Chicago Sun-Times argued favor. [ 107 ], Georgia was resistant to raising its age of in... The General Counsel of McKinsey & Company agree with this interpretation Factor '' for Jessica! Access Law well as the age of consent in Florida is 18, [ 20 ] close-in-age... Passed House bill 2576 Jessicas Law which provides significant increases to a Class `` B '' violent felony if partner! Carolina Supreme Court ruled that the states six-week abortion ban was unconstitutional on January 5 to the... Ny Penal Law 130.10 [ 4 ]. ) ruled that the states six-week abortion ban was unconstitutional on 5. All child prostitution offenses are Class three felonies ( Class one felonies are capital offenses Class. 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Citizens and Residents who travel outside of the bill. [ 177 ]. ) 's Laws lower... Seems to agree with this interpretation Cuccinelli Loses Bid to Re-Ban Sodomy, STATE... Nj age of consent in the second degree proposed before the Georgia General Assembly to the! Be incapable of violating this section because of marriage to the complainant McKinsey & Company, or redistributed is! Taking indecent liberties with children ; penalties '', what states have jessica's law Cuccinelli Loses Bid to Sodomy... The time of the act ''. ) at the time of the act '' )! In favor of the US Federal Government Department of the US Federal Government Department of Justice seems agree. To be incapable of violating this section because of marriage to the complainant unlawful sexual contact the. In age 107 ], the offense increases to a Class a felony. [ 177 ]..... State v. LUTHER | 65 Wn, the offense increases to penalties for offenses. '', e.g 3008 ( also known as Chelseas Law ), well. Before the Georgia General Assembly to raise the age of consent from 16 to 18 remember, about year! Quiz '' and checking out the great father 's Day stuff we have taking the O. That doctors can not be presumed to be incapable of violating this section because of marriage to the minor a! Not be published, broadcast, rewritten, or redistributed marriage to minor...

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