At a case involving a minor and an adult, a 14-year-old performed oral sex on a 30-year-old. What offense would apply?

• A. Indecent exposure
• B. Statutory rape
• C. Sexually explicit conduct with minor
• D. Sex 2nd

Answer: (D)

When a minor is involved in sexual activity, the act is treated as a crime involving a minor, and the appropriate charge is typically a sex offense. In this case, the 14-year-old performed oral sex on a 30-year-old, which is sexual activity with a minor. Indecent exposure doesn’t fit because there’s no exposure of one’s own body to others. Statutory rape usually targets a situation where an adult engages in sexual activity with a minor, not the minor performing the act. Sexually explicit conduct with a minor is generally about producing or distributing explicit material or involving a minor in such acts, not simply the act itself. The second-degree sex offense best fits because it covers unlawful sexual conduct with a minor, such as oral sex, regardless of who initiated the act, recognizing the severity of involving a minor in sexual activity.