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I'm 16 and my girlfriend is 15. I'm on probation for skipping school and in foster care. My probation officer is making me move 2 hours away to be in a more "supervised" home but she doesn't know my girlfriend is pregnant. If I tell her would I be allowed to not move and stay here to be with her & the baby?
Why don't you ask her? The answer will either be yes or no.
More likely, once it is found out that you got a 15 yr old pregnant, you may be charged with statutory rape.
ANY question on law needs to include your general locale as laws vary by area.
The legal age of consent in our state is 14. So rape charges won't be pressed.
I don't know of one state were the legal age of consent is 14. What state do you live in?Quote:
Originally Posted by AustinSanders
Missouri. Want the link?
No need. I found it.
Ages of consent in North America - Wikipedia, the free encyclopedia
The age of consent in Missouri is 17.
Mistake as to the age of the victim may be a defense in some circumstances as defined in RSMo 566.020.
Statutory rape and sodomy, RSMo §§ 566.032 and 566.062 involve a victim less than 14 years of age. Statutory rape and sodomy in the second degree, RSMo §§ 566.034 and 566.064 involve a victim less than 17 years of age and an accused who is 21 years of age or older. The crime of Child molestation in the second degree, RSMo § 566.068, occurs when a victim less than 17 years of age is subject to "sexual contact".
The distinction among those crimes has led some to the false conclusion that Missouri has a close in age exception. Missouri has no such exception beyond the degree of crime committed.
While the statutory titles are cast in terms of Rape and Sodomy, the statutes prohibit conduct that is described as "sexual intercourse" and "deviant sexual intercourse". Those terms are defined in RSMo § 566.010.
Statutory rape, second degree, penalty. − 566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.
Statutory sodomy, second degree, penalty. 566.064. 1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who is less than seventeen years of age.
Child molestation, second degree, penalties. 566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.
Where are you getting 14 as the legal age of consent? It clearly says 17.
That's First Degree Statutory Rape.Quote:
Originally Posted by AustinSanders
"MO Rev Stat § 566.032.Then there's 2nd Degree Statutory Rape:
Statutory rape and attempt to commit, first degree, penalties.
566.032. 1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old.
2. Statutory rape in the first degree or an attempt to commit statutory rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, ..."
"MO Rev Stat § 566.034.
Statutory rape, second degree, penalty.
566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.
2. Statutory rape in the second degree is a class C felony. "
OP may have dodged the bullet on this one.
But of course there is
"MO Rev Stat § 566.068.
Child molestation, second degree, penalties.
566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.
2. Child molestation in the second degree is a class A misdemeanor ..."
I don't fall under any of those. Charges wouldn't be pressed anyway.
Also first degree statutory is someone who is less than 14, she isn't.
Why won't charges be "pressed"?Quote:
Originally Posted by AustinSanders
Who would press charges? Her? Her parents? Technically, it isn't rape, so I can't be convicted. What will happen? Is the state going to charge me with a felony?
As I wrote earlier, OP may be guilty of child molestation 2nd, but not of "statutory rape".Quote:
Originally Posted by Alty
So we'd both be charged for child molestation 2nd? Cause I'm under 17 too.
I think he referring to 17 if the other person is over 21. But the law is unclear on this. According to this site: What is the Missouri Legal Age of Consent for 2012?
There are no set close-in-age exemptions or "Romeo and Juliet laws" to Missouri's age of consent. This means that anyone who engages in sexual activity with someone under the age of consent in Missouri is liable for prosecution, including people only a few years older then their sexual partner and even two individuals who are both under the age of consent.
Since you are both under the age of consent, you can be prosecuted and, I suspect, with your other legal troubles, probably will. Her parents don't have to press charges, the local prosecutor can do so once its determined.
You, my friend, are way to cocky for your own good. I see jail in the future for you,
You committed an illegal act and that breaks your probation. Get used to it if your not going to behave. As far as moving goes the state owns you so they can make you move where they see fit. Be sure to get a job right away as child support will start ticking at birth.Quote:
Originally Posted by AustinSanders
The victim or the victim's parents don't have to "press charges". The state would charge you, whether someone "presses charges". But no, I don't believe you are guilty of a felony. Child Molestation 2nd, as I just concluded, is a misdemeanor.Quote:
Originally Posted by AustinSanders
It was consensual, and we are planning on staying together and raising the child. Can they take the baby away? Kids younger then us are having babies, she's 16 in less than 2 months, I'm just confused as to why this would happen.. What, in your opinion, do you think the judge will do?Quote:
Originally Posted by AK lawyer
You're the perp so you take the charges. Since you're the older of the parties then its up to you to be held responsible. Only one party will be charged and that party is you.Quote:
Originally Posted by AustinSanders
Even if all of these things happen, will I still be able to see my child? The baby won't be taken from her, right?
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