Do age of consent laws in the United States depend on state citizenship or the state in which you have sex?

by **marlan43** » Mon Apr 30, 2012 1:02 pm

I'm a 16-year-old boy, and my boyfriend is 17 years old. The age of consent in New York is 17. That makes it illegal for us to have any kind of sexual relationship, correct? However, if we were to temporarily go to a bordering state where the age of consent is 16, then would it be legal for us to have sex? Or no, since we are both citizens of New York? Also, what would be the legal punishment in New York for us having sex? Would he go to prison? Would it remain on his criminal record forever? I'm just very concerned about the law. Thank you for any help.

by **lintun** » Mon Apr 30, 2012 1:05 pm

It depends on the state in which you have sex.

by **montgomery69** » Mon Apr 30, 2012 1:10 pm

Yes,

by **jasper** » Mon Apr 30, 2012 1:18 pm

Criminal laws (which underage sex laws are) only govern conduct that occurred in that state. New York cannot use its criminal law to punish behavior that occurred in New Jersey, for instance.

The better advice, though: just wait a little bit. It won't hurt either of you to wait a few months to have sex.

by **hrafn** » Mon Apr 30, 2012 1:21 pm

Usually there's a romeo and juliet clause, such that if the two people are close together in age, then it's not considered a crime, even if one is below age of consent.

If it were illegal, the outcome would be a sexual assault charge that would stick on his record. These things primarily come into play if parents of the younger individual sue, so if your parents are cool, then you really don't have anything to worry about.

by **teyrnon72** » Mon Apr 30, 2012 1:22 pm

All laws, everywhere in the world, are based on where you are, not who you are or where you live. In this specific case, there are FEDERAL laws which prevent you crossing the border for sex as well.

Yes, if you are caught in underage sex, he can get a permanent record. Wait a year and it's legal.

by **darrell** » Mon Apr 30, 2012 1:38 pm

It would be governed by the state that you had sex in UNLESS you intentionally drive to a state with a lower age of consent for the SOLE purpose of having sex, then you open a whole new can of worms.

You are bound by the laws of the state that the act occurs in, be it your state or another.

Yes, if he is charged and convicted, he could be required to register as a sex offender for the rest of his life.

For the record, and to dispute the person who said that because there is less than 3 years between you it is legal to have sex, New York has no 'Romeo and Juliet' clause, there is no close in age exceptions.

Sexual misconduct, NY Penal Law § 130.20 is what the crime would be, it would be a misdemeanor, but a sex crime none the less.

by **cleirach70** » Mon Apr 30, 2012 1:45 pm

It may be in both -- It is illegal in NY (according to you). But to take a minor to another State for the purpose of committing a criminal act I believe becomes a Felony (FBI involvement perhaps). Otherwise, if you are on a school trip or family vacation and things happen, I think only the State you are in can prosecute.

by **bocley** » Mon Apr 30, 2012 1:51 pm

The age difference is less than 3 years. The sex isn't illegal in NY.

by **donough** » Mon Apr 30, 2012 2:03 pm

If you guys have sex in private and don't tell anyone then how will the state government know?

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