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Is it legal for an 18 year old to have sex with a 17 year old in the state of virginia

Chesapeake, VA |

my boyfriend is 16 now and i am 17. however next year i will be 18(in june) and he will be 17(in may). i am curious if it will be illegal for us to have sex.

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Attorney answers 2


No. Under § 18.2-371, it is a class 1 misdemeanor for someone 18 or older to have sex with someone 15, 16, or 17 years old.

DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights.


No, it is not legal for an 18 year old to have sexual intercourse with a 17 year old in Virginia. As stated in the above answer, Virginia has a statute - commonly referred to as Contributing to the Delinquency of a Minor - which specifically prohibits an adult (18 years of age or older) from having consensual sexual intercourse with a minor aged 15-17 unless they are married.

In addition, all sexual intercourse - regardless of age - outside of marriage is the crime of fornication in Virginia.

For important answers to other Frequently Asked Questions about DUI, Criminal and Traffic Offenses in Virginia, visit my website at:

T. Kevin Wilson, Esq.
The Wilson Law Firm
DUI, Criminal & Traffic Defense...When Results Matter
9300 Grant Avenue, Suite 301
Manassas, Virginia 20110

Telephone 888-DUI-LWYR
Telephone 703-361-6100
Facsimile 703-365-7988

The information contained in this message is for general informational purposes only. It is not intended to be legal advice, nor is it a substitute for professional legal services. The Wilson Law Firm disclaims the formation of an attorney-client relationship by use of AVVO, and no such relationship exists unless and until a written Fee Agreement has been endorsed by The Wilson Law Firm and the client. Furthermore, given the public nature of this forum, there can be no expectation of privacy, confidentiality, privilege, or any other protection from disclosure.

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