The age of consent is 17, so any sexual act would be criminal. Given the ages it would not be rape, but I have seen many cases where both parents are supportive until one parent is not. Then the other party [usually th e male] finds himself in custody. There is no middle ground when sex is involved. Any sexual activity with the underage girl IS A CRIME!!
It is ok to be involved if 3 years apart but sexual relations with anyone under 17 is a crime in NYS. It may not be statutory rape but there are many other charges that could be brought if things go wrong.
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.
The legal age for consent to sex in NY is 17.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
Yes he can be arrested. The age of consent in NY is 17. Under 17 a person cannot consent to engaging in any sexual activity even if they want to and doing so can lead to criminal charges.