Wednesday April 23, 2014
Age of Consent Questions for Michigan
Q&A on statutory rape laws, age of consent laws, sexual assault laws for Michigan. Ask your Question
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I recently discovered that my exboyfriend had made a video recording of us have sex without my knowledge or permission. Is this legal? I feel very violated and betrayed and wonder if he mayhave posted it on the web...
Video taping or recording sexual acts without a persons consent is illegal in every state in the US.There are state laws, as well as, federal wire tapping laws that prohibit video taping or recording a person in situations where privacy is the expectation. There are also laws about video taping and broadcasting, selling, or disseminating recordings of others in public forums without there knowledge or consent. The Michigan Criminal Law is below. This is an actionable offense both in criminal and civil court. http://legislature.mi.gov/doc.aspx?mcl-750-539d http://legislature.mi.gov/doc.aspx?mcl-750-539d 750.539d Installation, placement, or use of device for observing, recording, transmitting, photographing or eavesdropping in private place. Sec. 539d. (1) Except as otherwise provided in this section, a person shall not do either of the following: (a) Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place. (b) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section. (2) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose. (3) A person who violates or attempts to violate this section is guilty of a crime as follows: (a) For a violation or attempted violation of subsection (1)(a): (i) Except as provided in subparagraph (ii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. (ii) If the person was previously convicted of violating or attempting to violate this section, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. (b) For a violation or attempted violation of subsection (1)(b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. (4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate subsection (1)(a) or (b). History: Add. 1966, Act 319, Eff. Mar. 10, 1967 ;-- Am. 2004, Act 156, Eff. Sept. 1, 2004
I'm 17, and I'm dating a 26 year old. We haven't had sex yet, but neither of us really want to wait until I'm 18. Is it legal, since I'm only 17? Or could he go to jail?
The statutory age of consent in Michigan is 16. It would be safe to say that if a sexual relationship was established, the 26 year old would not be put in jail for criminal sexual conduct; unless, he is a teacher, or, someone in a position of influence or authority over you. That said, it should also be brought to your attention that Michigan has several other laws (old ones) that could potentially be used against the 26 year old if a parent was motivated to prevent the relationship or make legal trouble for the 26 year old. (This would have to be a judgment call on your part.) I did not do extensive research to see how often violators are prosecuted for these laws and there are quite a few so I won’t post them all; however, one law that jumped off the page is below:
750.532 Seduction; punishment.Sec. 532. Punishment—Any man who shall seduce and debauch any unmarried woman shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by fine of not more than 2,500 dollars; but no prosecution shall be commenced under this section after 1 year from the time of committing the offense. History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.532
What if the girl is 14 and the boy is 16 and they had consensual sex and now the police know. Is the girle also facing issues with juvenile court?
It is not likely the 14 year old will be treated as a perpetrator, but rather a victim. The 14 year old may undergo a medical and mental evaluation and possibly some court ordered counseling; aside from that, the 14 year old will likely be seen as the victim in the family court system. In order for a crime to exist, there generally must be a victim. Since the 16 year old is old enough to legally consent to sexual intercourse and the 14 year old is not, the 16 year old, in most states, would be seen as the perpetrator of the crime.
my kid is having sex with her boyfriend they are both 15 what will happen if the cops find out or even the school?
The age of consent in Michigan is 16. This puts them both in violation of state laws. Typically, in situations where both are minors at or near the same age, they could be seen as equally culpable (at fault) and may be charged under the law as juveniles. If this happens they will both have to appear in family court with their parents for a ruling on the matter by a family court judge. If a teacher, or certain other professionals in Michigan have reasonable suspicion that laws are being violated by, or against a minor, mandatory reporting laws may require them to report the matter to police.
Is it legal for a 13/14 year old to date a 16/17 year old girl? What would their sexual limits be? What if they had parental permission.
Due to the fact that the 16/17 year old is at a legal age to consent to sexual contact, and the 13/14 year old is not, if sexual contact takes place the 16/17 year old may be cited as a juvenile for a juvenile offense. This would be heard before a family court judge and the 16/17 year old would have to appear with the parents to answer for the charges. The outcome, (penalty, fines incarceration etc...) would be completely under the judges control. A parents consent doesn't over-ride the law. This would not be a criminal violation as it relates to Michigan's criminal code. A violation of 750.520e must involve a perpetrator who is more than 5 years older than the victim. The age of consent is 16 in Michigan. This is the legal age that a person may consent to sexual activity. FYI...Partial representation. For the full text go to the Michigan Legislature website
750.520e Criminal sexual conduct in the fourth degree;1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual "contact" with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older, than that other person. (f) That other person is at least 16 years of age but less than 18 years of age and a student at a public or nonpublic school, and the actor is a teacher, substitute teacher, or administrator of that public or nonpublic school. This subdivision does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation. (2) Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.
is it okay for a 15 year old girl to date a 18 year old boy with parent consent?
No. This would not be legal. A parents consent does not over-ride state law.
A 16 year old boy has been sneaking over to my home late at night and has taken my 15 year old daughter out for sex 3 times. I just found out. After the first two times she attempted suicide and was put on strong drugs for depression and behavior. Even with knowledge of this he came back and they got together a third time. She is very ill and currently in an institution as she attempted suicide a second time. I do not know if the law prohibits this and I should go to the prosecutor. If this behavior is not outlawed, is there any legal action I can take?
The law does prohibit this kind of behavior. Due to the fact that the victim and perpetrator are both minor children, this would be handled within the juvenile justice system or family court and not subject to adult criminal penalties (unless a judge recommends it for adult court.) A few actions you may want to pursue immediately are:
I am 18, my girlfriend is 16. Do I need her parents permission or do they even need knowledge of our copulations?
In Michigan, the age of consent is 16. This means that an 18 year old could not be charged with violating a criminal sex offense law if they were having consensual sex; however, being that the 16 year old is still a minor under the law, her parents have primary legal authority and control over their minor child and are legally accountable for the childs welfare. If the parents of the minor do not consent to their child's relationship with the 18 year old, it is within their parental authority to take legal action to prevent the 18 year old from contacting their minor child if it becomes necessary. How you communicate with her parents is really up to you. Because you are a legal adult (18) and the 16 year old is still a minor child under the law, you are essentially taking responsibility for the welfare of a minor when she is in your company and away from her parents. Her parents have a right to know who they are entrusting with this responsibility and further, they have a legal right to say NO.
I recently turned 18 and my girlfriend is 16, she wants to have sex, is it legal for us to have intercourse? what kind of legal problems will I run into? will her parents be able to intervene? and finally could we legally elope?
The legal age of consent in Michigan is 16 years old. The 16 year old is still a minor under the legal care and control of her parents or guardians. If her parents do not condone the relationship, they can protest legally and could take legal actions to prevent it until she turns 18 years of age or is emancipated from minor status by a court order. 16 or 17 year olds must have parental consent to be married in Michigan. The parents must appear in person with their own identification and if there is a custodial parent, they must have proof of custody. It is a federal crime for any adult to transport a minor across state lines without consent of the parents and/or for the purpose of committing sexual acts, this would include for the purpose of eloping or marriage in another state without the parents knowledge.
I'm 20 and my friend is 23. We just found out that a girl we both like and thought was 18, lied and is really 17. Is it legal for me to have sex with her since I am not over 21? and is it illegal for him to have sex with her since he is more than 4 years older than her and she is still under the "age of majority" which is 18 yrs old in Michigan? If it is illegal for one or both of us, what would be the penalty considering that she lied about her age? Does it matter what her parents think?
The age of consent in Michigan is 16 which means if you had consensual sex with a 17 year old, you would not be in violation of Michigan sexual offense laws for criminal sexual conduct; unless, the adult is a teacher or school administrator in the school where the minor is a student, in which case the age of consent changes to 18. See below. There appears to be no affirmative defense to ignorance of age. In otherwords, if she were under the age of consent and she lied about her age, it is not likely the court would allow this as a defense to the crime. There are only a handful of states that will allow this as an affirmative defense.
750.520e Criminal sexual conduct in the fourth degree;1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual "contact" with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person. (f) That other person is at least 16 years of age but less than 18 years of age and a student at a public or nonpublic school, and the actor is a teacher, substitute teacher, or administrator of that public or nonpublic school. This subdivision does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation. (2) Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.
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MI Age of Consent is 16