What if Parent's Consent to relationship?

State: Illinois

Question:

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.

Answer:

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:

(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.