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Age of consent in New York is 17, but what does that exactly mean ?

Nyack, NY |

i googled it, and it told me that thats the age you can legally have sex...?' what if i had sex at age 16 . and my parents call the police on my boyfriend, can he still get in trouble? right know im 17, and my boyfriend is 18... but my parents found out about me having sex and they didnt like the news

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Attorney answers 3


Your parents could get him arrested if you were under 17 when you had sex. N.Y. PEN. LAW § 130.05, section 3(a): "A person is deemed incapable of consent when he or she is: (a) less than seventeen years old."

The "good news" is that since your boyfriend was either 17 or 18 at the time, it would only be a misdemeanor pursuant to N.Y. PEN. LAW § 130.20, rather than a felony. It could still cause very real problems for him though and he could end up with a criminal record.

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At 16 and at age 17 you are a minor in the custody of your parents in most states. Your parents could call the police and make a report. You need to communicate with your parents and share your concerns. I assume you are in high school and live at home with them.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


Arithmeticaly, he may not be liable for a felony, but he would be for sexual misconduct, a misdemeanor

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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