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19 yr old female instructor in a relationship with a 'just' 15 year old boy. Oral Sex. What are the legal repurcussions for her?

Lancaster, NY |

The female is the boys Martial Arts Instructor. She will be 20 in Feb. of 2012 and he just turned 15 in July, 2012. Their relationship is very consensual however inappropriate. Could she be charged with misdemeanor of some sort? Thank you.

Attorney Answers 3

  1. Absolutely. A minimum of Endangering the Welfare of a Chiid and possibly even more.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  2. The age of consent, (i.e. age at which one can legally consent to have sexual relations) in New York is 17 years old. (NYS Penal Law Art. 130.)

    However, if the child is at least 13 and younger than 15, and if the adult is less than four years older than the child at the time of the sexual conduct, then that would release the adult defendant of criminal responsibility.

    So, you need to be real specific on ages, dates of oral sex and birthdates.

    Hire a laywer because NY has the most complex age of consent laws you can imagine.

  3. She can be charged with the misdemeanors of sexual misconduct and endangering the welfare of a child.

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