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Friday September 5, 2008
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Age of Consent Questions for MichiganQ&A on statutory rape laws, age of consent laws, sexual assault laws for Michigan. Ask your Question Page 1 of 2 | Next >> 17 and a 26 year old?:: April 20, 2008 14:15I'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, 750.532Consensual sex between 16 and 14 year old:: January 12, 2008 11:06What 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. they are both 15 and having sex what happens:: January 07, 2008 20:35my 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:: November 19, 2007 22:44Is 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 legal?:: September 13, 2007 13:27is 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. Do I have any recourse?:: September 02, 2007 07:22A 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:
do her parents need to know.:: August 02, 2007 21:54I 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. Is it legal:: August 02, 2007 16:48I 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. 23 or 20 Yr old male having Sex with a 17 year old female:: July 16, 2007 02:33I'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.is it legal?:: July 11, 2007 01:40is it legal for a 16 female year old to be having sex with a 19 male year old even though neither of their parents agree with it? thank you for your time and answer The 19 year old would NOT be in violation of the sexual offense laws if sexual intercourse was consensual; however, if the parents of the minor do not approve of the relationship, they are within their authority to take legal action against the 19 year old to prevent the relationship from continuing. This type of action can cause other legal problems for the 19 year old outside the sexual offense laws. Page 1 of 2 | Next >> |
MI Age of Consent is 16
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