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Friday May 16, 2008
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Age of Consent Questions for New YorkQ&A on statutory rape laws, age of consent laws, sexual assault laws for New York. Ask your Question Page 1 of 3 | Next >> 17 and 15 with parents permission:: March 11, 2008 19:59my friend is a Seventeen year old male, and he has a 15 year old girlfriend, they have had sexual intercourse. The females parents know of them having sex, both the girl and her mother approved of their having sex. The males parents want to charge him with rape. Can his parents charge him with rape? What is affirmative Defense? If both the parent of the girl and the girl were willing with the sexual intercourse, do the males parents have a legal case? A 17 year old is legally capable of consenting to sexual contact and intercourse. A 15 year old is NOT legally capable of consenting to sexual contact or intercourse. At 15 years of age, the New York "Lack of Consent" law applies. This means, the 17 year old is violating a state law by engaging in sexual acts with a minor under the age of 17. § 130.05 Sex offenses; lack of consent.3. A person is deemed incapable of consent when he or she is:
§ 130.20 Sexual misconduct.A person is guilty of sexual misconduct when:
what about kissing:: February 17, 2008 16:55Can an 16 year old female kiss an 18 year old male legally? Kissing meaning "make out". Kissing on the mouth is not part of the legal definition of "sexual contact". In the state of New York, a person 18 years of age should consider the "legal" definition of "Sexual Contact" as a guide to establish the boundaries of a "make out" with a minor. Anything within this definition, up to and including oral sex, or sexual intercourse, would be a violation of the law and could land the 18 year old in legal trouble. The list below is the short list. For the full list see New York Sex Laws New York Penal Code § 130.00 Sex offenses; definitions of terms.The following definitions are applicable to this article:1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight. 2. (a) "Oral sexual conduct" means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. (b) "Anal sexual conduct" means conduct between persons consisting of contact between the penis and anus. 3. "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing. 10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact. 18 and 16:: February 17, 2008 16:43can an 18 year old date a 16 year old and not hav sex. If the sixteen year old's parents do not object to the dating arrangement, yes, an 18 year old can date a 16 year old as long as there is no sexual contact. is my freedom safe or is it endangered?:: February 13, 2008 16:55I am a 24 year old male dating a 17 year old female in NY. if i have sexual intercourse or any other form of intimacy, is it unlawful? In the state of New York, the age in which a person can no longer be a victim of statutory rape is 17. At 17, a person may legally consent to sexual activity with a 24 year old. At 17, a person is still a "minor" and is still under the care, welfare, and control of the parents. It is "possible" for a parent to object to such a relationship and take legal measures to prevent it; however, the 24 year old could not be charged with a sexual offense for having consensual sex with a 17 year old according to the New York law 130.05 You are wrong:: January 29, 2008 22:29A 17yr old and 16 yr old can legally have sex in ny state. The Law is 21 and over and under 17. For under 21 its 15. 16 if 20. it can not be more than 4 years. Just letting you know the official law on ny state website. There is an "affirmative defense" clause in the law based on a 4 year age difference; however, it should not be interpreted as an automatic free ticket from criminal prosecution. In New York Penal Code (Criminal laws for the state) a violation of the sex offense laws takes place when a perpetrator commits specific acts against a victim without their consent. Lack of consent is defined within the New York Criminal code Article 130.05 in detail that includes forcible compulsion, physical helplessness, and age of consent. Age of consent is defined this way. A person is incapable of consenting to sexual intercourse or sexual contact if they are less than 17 years old. A person 18 years of age or more can be charged with a 1st degree sexual offense if the victim is under the age of 13. 1st degree crimes are the most serious violations. A person 18 years of age or more can be charged with a 2nd degree sexual offense if the victim is under 15 years of age; however, if the perpetrator is less than 4 years older than the victim, this “may” be used in an affirmative defense where evidence is introduced to negate criminal liability. Sources: Laws of New York New York City Alliance Against Sexual Assault NY Statutory Rape and District Attorneys:: January 11, 2008 07:40How long does it take for the district attorney to investigate a statutory rape complaint? I am sorry but we are unable to research these types of questions. Our research covers State laws in all 50 states. Some questions are too localized for us to research as we do not collect your location data by "city" but rather only by state. The length of time for any complaint to be investigated by police or the DA will depend on local case loads, staffing, police resources, internal policies etc... it will be different from one City, Burrough or County to the next. Your best chance to find an accurate answer to this question would be to contact your District Attorney's office or local police. Sex at 17?:: November 16, 2007 18:45When I turn 17 I can have sex with anyone I want and my parents can't legally do anything about it? At 17, unless you are an emancipated minor, you are still the legal responsibility of your parents. Parents are legally responsible for the care, welfare and control of their minor children until the age of 18. At 17, you are deemed old enough by law to consent to have sexual contact with another person 17 or older. This means, no one will be charged with a criminal sexual offense because no criminal laws would be violated; however, the parents still have legal control of the minor and may use other legal means to control the actions of the minor, or the actions of another as a preventative or protective measure. Two 16 year olds having sex:: November 12, 2007 09:46We just found out our 16 year old son is having sex with his 16 year old girlfriend; can her parents charge our son with statutory rape? Not Likely. There is no way to say with absolute certainty how authorities might respond or how a family court judge might rule on something like this. Let's say, the girls parents did report this to authorities; in most juvenile justice systems across the country where minors, very close in age, are caught having consensual sexual intercourse, family court judges have been known to hold both minors to the same standards for a particular violation. Both minors may be found equally culpible and accountable for their actions. This would likely not be treated as a criminal offense if no criminal history or past similar offenses exist. 1st degree rape:: September 04, 2007 00:43how much time can a person get for first time offense of rape in the first degree with no criminal record? In the state of New York, rape in the first degree is a Class B felony. The minimum sentence could be one year and up to a maximum of 25 years (if it was a violent crime.) Many factors go into determining the sentence in a felony conviction. In most circumstances, sentencing is left up to the judge to determine within statutory guidelines. If a fine is imposed, it can be up to $5000.00 or double if the defendant gained monetarily from the commission of the crime. The fine increases substantially if sale of a controlled substance is involved. For details on the laws Please visit New York State Legislature and look up the following laws. PEN (Penal Code) Article 130 Sex Offenses 130.35 Rape in the first degree Article 70 Sentences of Imprisonment Article 80 Fines 16 and 17 year old:: July 18, 2007 19:36If a 17 year old male and a 16 year old female are having sexual intercourse and its consensual can he be charged with statutory rape? Yes, a 17 year old could be charged if engaged in sexual contact with a minor under the age of 17. The age of consent in New York is 17. This means it is unlawful to have sexual intercourse or sexual contact with anyone under the age of 17. Page 1 of 3 | Next >> |