Age of Consent Questions for Pennsylvania

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Pennsylvania. Ask your Question

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Age Difference

:: July 28, 2008 20:49

I'm 15 going on 16, and I'm dating a 22 year old. We thought that it was legal just to date as long as no sexual contact was involved, but now we're being told otherwise by my family members. We've done internet research but have come to no clear explanation as to whether or not we are in the wrong. Help?

If a 22 year old is dating a minor in Pennsylvania under the age of 16, the 22 year old is at risk for criminal legal trouble, especially if the parents of the minor have an issue with the dating arrangement. Any suspicion of sexual activity, even being seen touching or fondling the 15 year old in a sexual manner with clothing on, could be grounds for filing a report with authorities and could create some legal problems for the 22 year old. To what extent is uncertain. A lot would depend on the situation, the District Attorney, the parents of the minor, etc. If the parents of the 15 year old object to the 22 year old dating the 15 year old, it is completely within their authority to seek legal remedies to prevent it, including but not limited to, restraining orders or protective orders. All jurisdictions procedures are different.

age difference

:: April 19, 2008 20:44

IS it legal for a 15 year old girl to date an 18 year old boy

Dating is perfectly legal, as long as parents or legal guardians give consent and there is no sexual contact. The 18 year old is a legal adult. The 15 year old is a minor under the legal authority and control of the parents. The age a person can no longer be a victim of statutory rape is 16.

sex

:: February 17, 2008 12:42

is it illegal for a 16 almost 17 yr old 2 have sex with a 23yr old.

According to Pennsylvania Statutes, a person can no longer become a victim of statutory rape upon reaching the age of 16. The 23 year old could not be charged with Statutory Sexual Assault 3122.1 for having sexual contact with a 16 year old; however, there may be other legal concerns depending on the situation and the parents of the minor. If parents object to the relationship, they may be within their parental rights and authority to use legal means to prevent the relationship from continuing.

Very Concerned

:: November 03, 2007 16:04

My younger cousin, age 19, is dating a younger guy. At the start of thier relationship he lied and told her he was 19. When the truth finally came out, he was only 16 years old and a month or two shy of his 17 birthday. the story thickens because HIS mother allowed her to move into her home and now she's pregnant. Can there be any charges filed against her? I am worried that his mother intentionally allowed them to date in hopes that she would get pregnant and she can request sole custody of their child. Please give me any information that may help to benefit or warn my younger cousin of what can or cannot happen. Thank You.

At 16 years of age, he meets the statutory age requirement to consent to sexual intercourse under the Pennsylvania statutes 3122.1. Your cousin did not violate the statute if he was 16 or older at the time of their first sexual encounter or at the time the baby was conceived. It will be extremely important that your cousin educate herself on her own rights and responsibilities as the mother of her child; as well as, the rights and responsibilities of the "Teen" father. Establishing paternity, the Acknowledgement of Paternity (AOP) etc... Many answers can be found at www.childsupport.state.pa.us direct page links below. FAQ on Establishing Paternity, Child support, Teen parents, custodial parents, etc... Teenage Pregnancy & Parenthood in Pennsylvania

§ 3122.1. Statutory sexual assault.
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other. (Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

Statutory Rape??? Plz Read

:: August 03, 2007 17:19

I've been dating this girl since I was 16. When I was 16 she was 12, and her parents didn't have a problem with it. Now that im 18 and she's 14 they see a problem with it. And I'm just curious as to what laws I'm breaking. I've heard many different things, from many different people. I'm not sure who to believe. Please Help.

Their concern is not unfounded. Read the laws below carefully, any or all of them may apply to you. There are several other sexual offense laws that could apply. Visit the Pennsylvania State Police "Megan's law" website for more information on sexual offens laws.

Involuntary Deviate Sexual Intercourse (18 Pa. C.S. § 3123)
(a) Offense defined – A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant:
  1. By forcible compulsion;
  2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
  3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;
  4. Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means for the purpose of preventing resistance;
  5. Who suffers from a mental disability which renders him or her incapable of consent;
  6. Who is less than 13 years of age; or
  7. Who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.
Aggravated Indecent Assault (18 Pa. C.S. § 3125)
(a) Offenses defined – Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedure, commits aggravated indecent assault if:
  1. The person does so without the complainant's consent;
  2. The person does so by forcible compulsion;
  3. The person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
  4. The complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
  5. The person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means for the purpose of preventing resistance;
  6. The complainant suffers from a mental disability, which renders the complainant incapable of consent;
  7. The complainant is less than 13 years of age; or
  8. The complainant is less than 16 years of age and the person is four or more years older than the complainant, and the complainant and the person are not married to each other.
§ 3122.1. Statutory sexual assault
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.

Statutory Rape Question

:: April 13, 2007 20:31

I have a question of a theoretical nature. Since I wasn't able to find much information on it, I figured I would ask. Is it illegal for an adult to cross state lines to see a minor when the parent of the minor gives consent for the adult to be there and no sexual contact takes place? This seems like a bit of a tricky issue, and your help would be appreciated.

No. In the scenario you gave, this would not be illegal. What would be illegal is to transport a minor across state or jurisdictional boundaries without knowledge or consent of the parent; or, to meet with a minor in another state for the purpose of sexual contact. A parent can not give consent to a minor or another adult to violate a state law. Parental consent will not negate the law. If state law is violated with a minor under a parents consent, the parent may also be prosecuted.

Im being told that im raping a baby

:: April 13, 2007 06:18

Im in a boyfriend and girlfriend relationship. He is 16 and im 18 my family members are telling me that hes a mionr and im a legal adult and i can go to jail for just dating him, we are not having intercourse at this time but talked about it i really want to know if this is ok and if i would be sent to jail for dating him?????? help please

Pennsylvania Statute § 3122.1. Statutory sexual assault. Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other. end statute. In Pennsylvania, the age of consent to have sex is 16. This means that if a complaint was filed or any charges were brought against you, you would likely NOT be charged with a sexual offense; however, there is still a legal risk and it is wise to understanding that at age 16, he is a juvenile under the legal authority of his parents. At age 18, you are a legal adult held accountable to the adult justice system. The risk in this relationship from a legal perspective is far greater for the adult than the minor if the two were together and found to be in a questionable legal situation.

Relationship

:: October 06, 2006 23:50

I am 21 and my boyfriend is 17 is it ok for us to be having sex....I know it sounds really bad on my part....but he will be 18 before i turn 22....is this ok...

The age of consent to have sexual incourse in Pennsylvania is 16. 3122.1. Statutory Sexual Assault: Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other. 3121 is forcible rape. The age of majority in Pennsylvania is 18. He would still be considered a minor in the eyes of the law. If his parents were to press the issue, they could have recourse against you legally with any contribution on your part to the delinquency of the minor; for example: alcohol consumption, consumption of a controlled substances, smoking cigarettes, skipping school, etc...

Oral sex rape

:: October 03, 2006 21:45

Say a girl was forced by another guy..16 years old..the girl being 13...was forced to perform oral sex and was forced to be fingered. under pennsylvania law what could the boy be punished for? for taking advantage of her

This is a crime and should be reported to the authorities. Both the victim and the perpetrator are minor juveniles so juvenile/family law would be applicable. Punishment, if any, would be at the sole discretion of a family court judge. Both children should receive professional counseling in the matter. This type of trauma can be far reaching in a girl of 13 years; If the 16 year olds behavior goes unchecked, it is possible this behavior will be repeated in the future.

Minor raping/molesting another minor

:: September 22, 2006 21:22

What would be the penalty if a minor raped/molested another minor. (Say 12 year old offender, 7 year-old victim)?

It is my hope that this has already been reported to the authorities and these children are receiving help. There is no way to answer this question responsibly at SexLaws.org except to say that if you are an adult who has first hand knowledge of this act and have not reported it to the proper authorities, I advise you to report it immediately. Both of these children will require medical and professional help right away. If you are a child or a teen submitting this question to the sexlaws.org answer board and have first hand knowledge of this act, you should report it to a trusted adult or to the police immediately.

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