Which offense applies when the offender is 16 or older and engages in oral or anal penetration with a person aged 12 to 16, and what is its classification?

• A. Felony (Class B)
• B. Misdemeanor (Class A)
• C. Felony (Class A)
• D. Felony (Class C)

Answer: (A)

The key idea is that penetrative sexual activity with a minor is a felony, and the exact level depends on the ages involved. When the offender is at least 16 and the victim is between 12 and 16, the statute typically assigns a mid-level felony for oral or anal penetration. That is designated as a Class B felony in this framework. It’s more serious than a misdemeanor and more serious than a lower-tier felony, but not the highest category. So this scenario fits a Class B felony because it involves penetrative sexual conduct with a minor in that age range, reflecting substantial statutory harm without elevating to the most severe category. The other options would either be too lenient (a misdemeanor or a lower-level felony) or too severe (the highest felony level), which doesn’t align with how these offenses are structured.