Please share this information with your son. The bottom line is that the punishment for this is far more serious than "community service". Turning 18 years of age can be a major wake up call when it comes to culpability in a courtroom. Hopefully, the information in this post pertaining to the legal risks of his relationship with the 15 year old will help him make a tough, but mature decision as to his sexual partners and his responsibilities to follow the law. There is inherent legal risk and long term implications when adults engage in sexual relations with minors. Upon turning 18 (in most states) a person is considered a "legal Adult" in the criminal justice system. Young adults who grasp the importance of the freedoms we inherit when we follow the laws, will generally navigate the adolescent maze into their adult lives without ever seeing the inside of a jail cell. Unfortunately, those teens who take these freedoms for granted can pay dearly for their oversight. In Massachusetts, the law describes 18 as the legal age of consent for sexual intercourse. Under federal guidelines it is 16 years of age; however, state laws have jurisdiction unless a federal law is violated. Even then, a person can be charged under both federal and state systems. Even at age 17, a person can face adult criminal charges under the sexual offense laws in Massachusetts and in Florida. Juvenile court judges refer cases to adult court all the time. If the minor involved is under age 16, it is a more serious offense. After the minor turns 16, it is still a serious criminal offense in both states; however, the charges may be reduced to a misdemeanor instead of a felony. Ultimately, that is up to a District Attorney to determine. Any person can file a report with authorities. Some people (called Mandatory reporters) are required "by law" to report any reasonable suspicion of any potential violations of the law involving a minor. These people include any school employee, administrators, clergy, teachers, doctors, nurses, counselors, etc... It's not likely that "Community Service" would be applicable in this situation. Jail time, probation and/or a fine are the punishments for these crimes. It would be in your son's very best interests to contact the District Attorney's office or a legal aid attorney in your area and ask questions about the seriousness of this crime directly. In the state of Massachusetts a person under 16 years of age is NOT legally capable of consenting to a sexual act; therefore, anyone having sexual intercourse with a minor under 16 years of age can be charged with "Rape" even if the sex is consensual. See Massachusetts laws below

Chapter 265: Section 23. Rape and abuse of child

What is the definition of "Unlawful Sexual Intercourse" or "Unnatural sexual intercourse.

Chapter 272: Section 4. Inducing person under eighteen to have sexual intercourse

You are showing a certain level of maturity in asking these questions. My hope is that you will demonstrate the same level of maturity in your decisions regarding this matter after receiving this information. Any sexual conduct with a child age 13 a very serious matter in Massechusetts whether you are a minor or an adult. The sexual urges of teens and the desires to explore those urges are understood by most adults as a part of growning up; however, another even more important part of growing up is learning to control our urges and act responsibly with regard to morality and the laws where we live. At 16, you could find yourself in very serious trouble legally, putting your freedom and future at risk if you continue down this path with the 13 year old. The law is specific and defines "Sexual Conduct" as follows Massachusetts: CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER

Chapter 272: Section 31. Definitions

The age a person can no longer be a victim of statutory rape in Massachusetts is 18. If a 20 year old is involved sexually with a 15 year old, this would be considered statutory rape. In the state of Massechusetts, it is a violation of state law to "induce" any minor under the age of 18 to have sexual intercourse.

The definition of "Induce" is to lead or move by persuasion or influence, as to some action or state of mind: to bring about, produce, or cause.

Dictionary Source Retrieved March 17, 2008, from Dictionary.com website: http://dictionary.reference.com/browse/induce

Chapter 272: Section 4. Inducing person under eighteen to have sexual intercourse

Chapter 272: Section 18. Fornication

Chapter 265: Section 23. Rape and abuse of child

It may be advisable to set up a consultation with a criminal attorney in your local area who specializes in sexual offense cases. The mother is within her parental rights to report this. There is a 6 year statute of limitations that begins at the age of 16. If she reports this to police, you "could" be charged under Chapter 272 Section 4 (below) even after he turns 18. The mother's knowledge and lack of action during the time he was a minor will not erase or negate state law. If she files a criminal complaint with police naming you as the perpetrator of a crime against her minor son, it will be up to the District Attorney's office to open an investigation and make a decision to either press charges or not. Once a report is filed, it is basically out of the Mother's hands at that point. If the District Attorney has sufficient evidence and information to file charges against you, they may prosecute the case. As a proactive measure, it would be very wise to speak to an attorney locally about the situation; getting this information on a local level is probably going to be the most accurate and reliable. A local criminal attorney may have insights into how these cases are handled by the DA's office, information that know one else would have. I know many people get a little queasy when someone recommends they see an attorney; however, the bottom line here is when your sick, you go to a doctor; when you have a legal issue, you go to a lawyer. It can make a difference in the outcome. In the law below, it appears a worse case scenario would be jail time and a fine not to exceed $1000. Best case scenario is no jail time and a maximum fine of $1000. Having legal representation will be important!

CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER

The statutory age of consent in Mass is 18. If you are under the age of 18 and engaged in sexual activities it is a violation of the law. If you are over age 18 and involved in sexual activities with someone under the age of 18 it is a violation of the law. At the age of 17, there is great potential to be charged as an adult if arrested for this crime.

The legal age of consent to have sexual intercourse in Massachusetts is 18. Chapter 272 Section 4. Inducing person under 18 to have sexual Intercourse. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment. Induce is defined as: To persuade of influence somebody to do or think something.

Yes. Parents could file a complaint with police. There really is no way to determine what a family court judge would recommend in this situation. There are several things that could happen. Any information we offer at this point is based on pure speculation and guess work rather than fact. Juvenile proceedings are closed records. A court may not find that it’s in the best interest of the unborn child or the teen parents to incarcerate anyone. A judge would look at the entire case and may order medical and mental evaluations of all parties involved. There may be recommended therapy, parent counseling, and if there is a paternity test and it is established that the 16 year old the father, there may be court ordered child support for the child via the 16 year olds parents until he turns 18. There is the issue of custody and visitation to be established by the court. Since a minor can not be bound to any legal contract, the parents would have to be involved in any court proceedings or court filed documents for support. These are just a few possibilites. There may be more issues the court would deal with.

Yes. There are two laws that apply. Please read them carefully. CHAPTER 265. CRIMES AGAINST THE PERSON Chapter 265: Section 13B. Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc. Section 13B. Whoever commits an indecent assault and battery on a child under the age of fourteen shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or any term of years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding. No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences. In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted. Chapter 272 Section 4. Inducing person under 18 to have sexual Intercourse. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment. “Induce” is defined as: To persuade of influence somebody to do or think something.

Yes. The state can press charges. Chapter 272 Section 4. Inducing person under 18 to have sexual Intercourse. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment. “Induce” is defined as: To persuade of influence somebody to do or think something.

As long as both of your parents give consent and there is no sexual activity between the two of you while you are under the age of 18, you would NOT be commiting any crime if you were together or seeing each other socially. The age of majority in Massachusetts is 18 years old. This means that you are considered a minor child until your 18th birthday. Your parents or legal gardians, take full responsibility and accountability (under the law) for your actions as minor children. While you are a minor, your parents have a legal responisbility to follow the law and to make sure you follow the law. Your parents are accountable as adults if you do not follow the law. Under the General Laws of Massachusetts Part IV Crimes, Punishments, and proceedings in Criminal Cases Chapter 272 Crimes Against Chastity, Morality, Decency, and Good Order Chapter 272 Section 4. Inducing person under 18 to have sexual Intercourse. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment. “Induce” is defined as: To persuade of influence somebody to do or think something. Chapter 272: Section 1 Enticing away a person under 16 for marriage: Whoever fraudulently and deceitfully entices or takes away an unmarried person under sixteen from the house of such person’s parents or elsewhere, without the consent of the parent or guardian, if any, under whose care and custody such person is living, for the purpose of effecting a clandestine marriage of such person without the consent of such parent or guardian, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both. Chapter 272: Section 3. Drugging persons for sexual intercourse Section 3. Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to thereby enable any person to have sexual intercourse or unnatural sexual intercourse with such person shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years. To view more laws for the State of Massachusetts go to: http://www.mass.gov/legis/laws/mgl/