I am baffled- a friend told me the age of sexual consent in nevada is 16?? A 30 year old can have sex with a 16 year old in nevada but he or she must be 18 across the line in california?
What if a 16 year old goes across the state line with an older man or woman willingly, has sex and then returns to california?
Is it legal?
What if they are having sex in a car and half of it is in california and half in nevada?
Seriously, do they have to be residents of the state? Have there been prosecutions?
I imagine that would be the case. I must admit I am intrigued by the car question. BTW - the age of consent in the United Kingdom is 16 years - I’m guessing you consider that rather young?
Many states have the age of consent at 15 or 16. However, some of the added stipulation that until the person is 18, the person they are having sex with can’t be more than 2 or 3 years older. I don’t know the case for Nevada but in other states the 30 year old would be guilty of statutory rape
Well, they are prosecuting a teacher/coach here in California who was having a consensual sexual relationship with a 17 year old student. He may be going to PRISON… So if a coach in Nevada does the same thing, it is legal?
Most if not all states have a " 3 years or younger" law stipulated in the statutory rape laws. If you are 16, and the age of consent is 16, and your girlfriend is 15 ( as was MY case when I lost my virginity…), I was partially shielded by the law.
Partially. Fortunately for all concerned, it was beyond consensual and well into the realm of sweet first love, and none of those laws entered the picture.
I think you’re pretty close with this. In all the cases that I’ve seen, the age of consent thing stipulates that between the ages of 16 and 17, the partner must be between the ages of 16 and 19 or 17 and 20, respectively.
But that may just be here in CO. I know a guy in Montana who is like 27 but was gettin’ down with a girl who was 17. He said the AoC was 16 in that state, but when I told him that that may only apply if he’s within 3 years of his age he looked into it and it turned out they had to stop doin’ the do until she was 18.
That was the longest 3 months of both their lives, I hear.
So it would stand to reason that in all states there’s a “within 3 years” sort of Quid Pro Quo goin on when it comes to AoC laws.
Plus, I think that the parents can raise some hell if they want to, AoC law or no.
I’ll ask my paralegal friend what she knows and come back with that 411 for y’all.
Incidentally, does anyone have a cite for age of consent in Washington state?
Every time I look through RCW online, I can find plenty of statutes that deal with sexual acts and age limits, but every one I’ve found involves either very young ages (12-14) or supervisory positions (relationships like teacher/student, coach/athlete, nurse/patient, etc.). Everyone tells me that there’s a de facto age of consent at 16, with some necessary age difference, but I haven’t found the law.
I have seen this very topic the victim of rumor and urban legands.
To clear a few things up.
Heretic Jones:
In CO: state law 18-3-402. Sexual assault. (1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on
a victim commits sexual assault if:
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than
seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the
victim; or.
In Montana. Your friend is correct 3 years Cartoonverse
Most? a quick glance I count 12 of 50 with a fexible AOC.
I guess we can add GTPhD1996 to that response as well.
This may be because he was in a position of authority over her. I’m not quite sure about the laws (it’s been a while since sex ed for me), but it’s something like that. The age for consent here is apparently 16/17 years, but I remember getting a booklet that basically told me that:
Under 10 - not allowed to have sexual intercourse, even with the person’s consent
Between 10 and 16 - allowed to have sexual intercourse but only with someone two years older or less
Exceptions to this are if:
you are married to this person
the person had reason to believe that you were 16 or older, or
the person had reason to believe that he or she was married to you
16 or 17 - A person is not allowed to have sex with you if you are under their care, supervision or authority
Exceptions to this are if the person had reason to believe that:
The “Mann Act” is a federal law that prohibts the transportation of individuals younger than the age of 18 in interstate or foreign commerce with the intent that the individual engage in prostitution or any sexual activity.
No, it is not legal, and they would now be in violation of federal law, the Mann Act (18 USC 2422-2424), which prohibts the transportation of individuals younger than the age of 18 in interstate or foreign commerce with the intent that the individual engage in prostitution or any sexual activity.
Correction to my previous post, the Mann Act can be found encoded in 18 USC 2422, 18 USC 2423, and 18 USC 2443:
18 USC 2422
Coercion and enticement. Prohibits enticing, persuading, inducing, etc. any person to travel across a state boundary for prostitution or for any sexual activity for which any person may be charged with a crime.
18 USC 2423
Transportation of minors. Prohibits transporting a minor across state lines for prostitution or any sexual purpose for which any person may be charged with a crime.
Travel with intent to engage in a sexual act with a juvenile. Prohibits traveling in interstate or foreign commerce for the purpose of engaging in sexual activity with a person younger than 18 years of age.
18 USC 2243
Sexual abuse of a minor or ward. This criminalizes assaults on children and youth on federal property, airliners, etc.
Some states (New York is one) do have a sort of flexible age of consent, in that statutory rape is not chargeable if the partners in the act are within four years of each other (certain other conditions being met, like neither being drunk or feeble-minded to the point of incapacity to consent) but a lesser charge (sexual misconduct, IIRC) is.
OK, I can help you here (I happen to have a copy of the PR Code on CD in my desk): Article 100 of the Código Penal states that any intercourse with a girl under 14 is rape, period. Means 10-25 years jail time depending on circumstances.
At 14-17 she can give consent so it’s no longer “rape”. But statutes different from rape kick in when the other partner is over 18 and the relationship is consensual but inappropriate. For instance Art.101 imposes 2 to 5 years jail and/or $5K fine, when the female is 14-17, the man is over 18, and misrepresentations and false promises (of marriage) were involved.
Only those over 18 normally get charged criminally with “statutory rape” for a consensual encounter with a 13-y.o., but that’s not the rape statute itself, it applies to just about anything, it’s in the laws and Rules of Procedure dealing with juvenile offenders.
I suppose the differences may have to do with the historic moment at which each state was constituted, and the social, cultural, economic and religious environment’s changes thereafter. In any case, a lot of these AoC laws are closely tied in with the statutes for age of marriage with parental consent, so it’s one of those things that I feel are better left to the individual states.
BTW - the age of consent in the United Kingdom is 16 years - I’m guessing you consider that rather young?