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What if Parent's Consent to relationship?
Illinois
I have a daughter she is 16 years old. She is dating this boy that is 18 years old. They are not having sex from what I hear. But I was wondering if they do, will the boy still get introuble if I know about it, and I aprove of it? That is what my daughter is trying to tell me but I dont know if thats true.
NEW: updated - 05/11/08 (See comment section at bottom of page)
The legal age of consent in Illinois is 17. This is a state law.
If I understand the question correctly, you are wondering if by giving parental consent, the 18 year old would be safe from criminal prosecution. No, He will not. A parents consent will not overide state law and make an illegal act, legal. At 18, he is an adult subject to follow the same laws as all other adults citizens in the State of illinois.
ARTICLE 11. SEX OFFENSES
(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
Sec. 11-6. Indecent solicitation of a child.
(a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code.
(b) Definitions. As used in this Section:
"Solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
"Child" means a person under 17 years of age.
(c) Sentence. Indecent solicitation of a child is:
(1) a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;
(2) a Class 2 felony when the act, if done, would be criminal sexual assault;
(3) a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.
Submitted by Anonymous (not verified) on Thu, 06/09/2011 - 10:46.
I am 22 and In love with a 16 yr old girl. We live in Illinois and the age of consent is 17. We have been in love for years but have never done anything about it. She is afraid that even tho we are going to wait till marriage to have sex that I can be sent to jail. Her parents both consent to us having a relationship but her step father is afraid I can also be sent to jail. If there is no sexual acts taking place is there any legal grounds for an arrest and possibly jail time
Submitted by Anonymous (not verified) on Wed, 06/01/2011 - 21:27.
My 20 year old son has been dating a girl five years younger than him for over a year. Her parents not only condone the relationship but encourage it. They are pushing her to live with him when he gets out of military training in Missouri. I feel that marriage would be a better choice so he will not get in trouble for statutory rape. They plan to transport her to Missouri for the purpose of wedding him in July. Will this marriage be recognized as legal in our home state of Tennessee? The age of marriage with parental consent is 16 in Tn and 15 in Missouri.
Submitted by Anonymous (not verified) on Fri, 01/07/2011 - 16:03.
so if the boy is 18 and the girl is 17, which is the age of consent in Illinois, she can LEGALLY have sex with this 18 year old since she has reached the age of consent? or is it still illegal because she is still under 18 ?
basically, does the age of consent only apply to people under age 17? or does it become an exception to having sex with the 18 year old ?
Submitted by Anonymous (not verified) on Tue, 07/06/2010 - 22:10.
I have a daughter who was 17 when ge got pregnant and 18 when she had my grandbaby, the daddy was 23 at the time. Now we have a son who is 19 and his girlfriend is pregnant. My question is can he be charged with anything since her dad may push the issue but she told him she would move out if he does. If she lives with me can that get anyone in trouble since my son does not live with me? What kind of advice can ayone give me i am in the dark here and it was so easy to deal with before with my daughter. HELP
Submitted by Anonymous (not verified) on Wed, 06/09/2010 - 10:36.
My now 17 year old stepdaughter conceived and delivered a baby at the age of 16 by her 21 year old boyfriend. Her mom has let them (step-daughter, boyfriend and baby) move in with her and now her mom is threating to have him arrested for statutory rape if they try to move out and take the baby with them back down to Shelbville to love with his mom. Can her mom do this???
Submitted by Anonymous (not verified) on Sat, 07/11/2009 - 20:58.
I am 18 and my girlfriend is 15 her parents gave us the ok to date. I was 17 at the time of consent and i turned 18 on june 12 of 2009 me and her had sex and she consent to it can i go 2 jail if her parents want to press charges against me?
Submitted by Anonymous (not verified) on Fri, 10/22/2010 - 21:21.
If she is under 18,yes you can go to jail, but look at the state laws, some states say it's ok to have sex at 16 as long as the other party is no more then 4-5 years older, or above 18
Submitted by Anonymous (not verified) on Thu, 03/10/2011 - 21:14.
also htere parents can be charged as well for fasilitating the relationship
if you were to ever get charged they will be facing the same charges
so if u get charged with a class c felony they also can be charged with a class c felony in most states
Submitted by Anonymous (not verified) on Fri, 01/16/2009 - 21:38.
My son is 16 and girlfriend 15. Mother allows him to sleep at her house. They have had sex, probably at the house. Is mother violating any laws and can she be held accountable if girl gets pregnant?
Submitted by Anonymous (not verified) on Sun, 12/07/2008 - 17:11.
There should be a different law on age of consent. The parent should be allowed to approve of it, say if a 17 year old boy wanted to date a 14 year old girl and they didn't have sexual relations, well the parent should be allowed to approve of that. If the parent likes the boy and he is a good boy and they want their daughter to date him then why not let them. It's their daughter and they should have a say so in this. You cant stop love and you should allow the parent to approve and sign a document or something saying they approve if they are willing to let their daughter date an older boy.
Submitted by Anonymous (not verified) on Mon, 12/08/2008 - 07:24.
There are no laws that prohibit a parent from giving permission or consent to dating between two teens or between an adult and a teen. Parents have every right to give there consent for their child to date. However, where sexual contact is prohibited by law, a parent does not have the authority to subvert state laws by encouraging, or condoning sexual contact between their child and another person. The same thing applies to all laws. A parent does not have the authority to encourage or condone actions or behaviors of a minor child if those actions violate local, state or federal laws. If a parent told their minor child, it's ok to go out and rob a house, would that be ok just because the parent gave their consent? It's the same thing with statutory rape laws.
The laws are there to protect the minor child even if it means protecting them from their parent. If a child is underage, there are also laws that say they can't be married without parental consent and in most states, that process involves having a parent go before a judge to get approval for an underage minor to be married. Generally, this is an emancipation of the minor that legally forfeits the "minor" status making them legally an adult and subject to adult laws. Basically, if kids want to play like adults, they have to be subject and accountable to the adult criminal justice system or their parents could be held accountable. As a minor, you are not subject to the same justice system as adults unless a court says so.
Submitted by Anonymous (not verified) on Fri, 05/09/2008 - 22:46.
but if consented by parents then the boy shouldnt be in court anyways to get in trouble. second of all the sections you put up doesnt state anything at all about statutory rape. It talks about sexual assault and sexual abuse.
A parents verbal consent to allow their underage minor child to have casual sex with an adult may in-it-self be a violation of state law. It will not protect an adult from prosectution.
A parent may consent to a marriage for a minor child 16 or or 17 years old by signing consent forms in front of a court clerk or a judge.
You are correct, it appears we inserted the law on predatory sexual assault. This law is used in some statutory rape situations; however, in the situation described in this question, the statute 11-9.1. Sexual exploitation of a child - is more likely the law that would be applied by a DA. This punishment could be in the "Misdemeanor" or "Felony" class.
(Updated below)
The term "Child" used througout the statutes is defined as anyone under the age of 17.
Sec. 11‑9.1. Sexual exploitation of a child.
(a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast
for the purpose of sexual arousal or gratification of such person or the child.
(a‑5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12‑12 of this Code.
"Sex offense" means any violation of Article 11 of this Code or a violation of Section 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, or 12‑16.2 of this Code.
"Child" means a person under 17 years of age.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4
felony if the person has been previously convicted of a sex offense.
(3) Sexual exploitation of a child is a Class 4
felony if the victim was under 13 years of age at the time of the commission of the offense.
(Source: P.A. 94‑140, eff. 7‑7‑05.)
Marriage laws for minors in Illinois
If 16 or 17 years old, you must bring a copy of your birth certificate and another form of identification that shows your date of birth. Each parent or legal guardian will be required to sign a sworn statement consenting to the marriage or a judge must sign the consent form through an emancipation process. All forms must be signed in front of the court clerk at the time the application is filed. All parties must show proof of their identity with a driver's license or state ID card, a legal passport document or an Illinois Department of Public Aid card. If a parent is deceased, a death certificate or proof of guardianship or a court order waiving consent must accompany the application. For legal guardians, certified guardianship papers are required.
If you are under sixteen (16) years of age, you cannot get married in Illinois.
I am 22 and In love with a 16 yr old girl. We live in Illinois and the age of consent is 17. We have been in love for years but have never done anything about it. She is afraid that even tho we are going to wait till marriage to have sex that I can be sent to jail. Her parents both consent to us having a relationship but her step father is afraid I can also be sent to jail. If there is no sexual acts taking place is there any legal grounds for an arrest and possibly jail time