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

Asked about 4 years ago - 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.

Attorney answers (2)

  1. Timothy Kevin Wilson


    Contributor Level 15

    Answered . 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:

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  2. Christine Marie Heckler

    Contributor Level 16

    Answered . No. Under ยง 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.

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