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    x3Jen2010's Avatar
    x3Jen2010 Posts: 10, Reputation: 1
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    #1

    Feb 5, 2008, 03:45 PM
    Underage sex
    Okay so I was wondering, I live in one of the states where you have to be 16 to give consent to have sex. So if a girl and a boy have sex, and the one is 16 but the other is 19, is that really illegal?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Feb 5, 2008, 03:49 PM
    Definitely not over 18 with under 18 is a big no-no unless your state doesn't follow that but
    I am sure all states do. 16 most probably means with someone under 18.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 5, 2008, 04:18 PM
    The laws vary. If the age of consent is 16, then you have reached it. However, there is often a provision about the difference in ages. So if the other part is an adult or a certain number of years older then that may still be illegal even if you are over the age of consent.

    Since you didn't say where you are located we can't be specific.
    x3Jen2010's Avatar
    x3Jen2010 Posts: 10, Reputation: 1
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    #4

    Feb 5, 2008, 04:20 PM
    I live in pa
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Feb 5, 2008, 04:23 PM
    Yep Pa law is a no no with 16 with 19 year olds
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 5, 2008, 04:24 PM
    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.

    So, if you are 16 and he is 19 then it would seem to not qualify as statutory rape.

    However, NO ONE should engage in sexual intecourse unless they are physically, emotionally and financially prepared to have a child. Are you? Are you willing to risk giving up your youth to care for a baby?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Feb 5, 2008, 04:30 PM
    I live in Pa I know the law
    A minor under 16 can not be with a person over 18!
    A 16 year old can not consent to being with an 18+ year old.
    She can be with someone under 18 but jail bait to anybody over 18.
    If I am wrong then that means that a 30 year old can be with a 16 year old in my state.

    Who's to say her parents aren't going to press charges even if she wouldn't?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Feb 5, 2008, 04:38 PM
    Apparently you don't know the law. Since I gave the exact statute. Read the statute I posted.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #9

    Feb 5, 2008, 04:38 PM
    Then they must have changed the law or
    The police must have been saying that to give the guy a hard time.
    I know they always said if a 16 year old is with a 16 or 17 year old it was okay but they always told me a kid under 18 can not be with anybody over 18 unless they are emancipated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Feb 5, 2008, 08:35 PM
    Moral Outrage - Pennsylvania - Age of Consent Laws
    oneguyinohio's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #11

    Feb 5, 2008, 08:41 PM
    Could it be that although it would not fall under the category of rape, it could still be unlawful contact with a minor for sexual purposes.. Might still be illegal but not under the rape laws??
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Feb 6, 2008, 06:53 AM
    Quote Originally Posted by N0help4u
    Then they must have changed the law or
    the police must have been saying that to give the guy a hard time.
    When this statute was enacted I don't know. But I would definitely NOT take a police officer's word for what the law is.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #13

    Feb 6, 2008, 04:14 PM
    Around 4 years ago my teacher who is a DA for Pittsburgh said what I originally posted.
    Which was what everybody around here said.
    The police also said 18 and gave my 17 yr old dauhter's 21 yr old boyfriend a hard time that they were wanted to try and charge him "for being with a minor" --couldn't really prove it.
    They had to have changed the law since then according to Fr_Chucks post it looks like they must have changed it recently and it says under 18 is still a minor.

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