I am with a boy who turns 18 in 2 months and I just turned 16 is there a ways that it would be still legal if still dated ?
2 attorney answers
Here is the actual statutory law in Arizona to give you clarification and some guidance. I have also included the punishment and the only available defense your boyfriend would have.
In Arizona a person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. (ARS § 13-1405 (A)).
"Sexual contact" means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact. (ARS § 13-1401 (2)).
"Oral sexual contact" means oral contact with the penis, vulva or anus. (ARS § 13-1401 (1)).
Sexual conduct with a minor who is at least fifteen years of age (15, 16, or 17) is a class 6 felony and can be punished with probation, probation with jail time, or even up to two years in prison. (ARS § 13-1405 (B)). In addition, if convicted he/she may have to register as a sex offender.
The recently enacted "Romeo & Juliet" defense for Sexual Conduct of a Minor can be applicable if the victim is fifteen, sixteen, or seventeen years of age; the defendant is under nineteen years of age; or if the defendant is attending high school and is no more than twenty-four months older than the victim, and the conduct is consensual. (ARS § 13-1407).
Conclusively, if the boyfriend is 18 (born on September 1) and the girlfriend is 16 (born on or after September 2), then the "Romeo and Juliet" Defense applies. If the girlfriend is 19 (born on December 1) and is still attending high school and her boyfriend is 17 (born on or after December 2), the defense applies. If the girlfriend is under 15, the defense does not apply no matter how old the boyfriend. If the boyfriend is 18 and the girlfriend is 15, the defense does not apply.
Remember, this is an affirmative "defense" to the crime of Sexual Conduct with a Minor. Just because the defense applies, that won't necessarily stop the police from arresting your boyfriend.
I hope that helps! Best of luck.
Hallam Law Group ⚖️
In Arizona, engaging in sexual intercourse or oral sexual contact with any person under the age of 18 years old is a felony. Consent can provide a defense to the charge only if the victim is 15, 16, or 17 years of age, the defendant is less than age 19 or attending high school, and is no more than 24 months older than the victim. (Sexual Conduct with a Minor- A.R.S. 13-1405)
● Dating: There is no state in the US with laws against dating.
● Majority: A person becomes an adult at 18, the age of majority in most states. Exceptions are Alabama & Nebraska (19), and District of Columbia & Mississippi (21). Until then they are a minor (child), and their parents pretty much control their life, including whom they date. If the parents wish, they can report it to the police if someone interferes with their control. After reaching the age of majority, the new adult can date anyone, leave home against their parent's wishes, live where they want, associate with anybody they wish, pay their own bills and bail themselves out of jail.
● Sex and Dating a Minor: Dating a minor UNDER the age of consent -- without sexual contact -- is not illegal as long as the minor's parents/guardians are OK with it. Some state's laws allow minors who have reached the age of consent (16, 17, or 18 depending on which state) to legally engage in consensual sexual intercourse/contact with anyone the same age or older. And Romeo&Juliet exceptions might also apply. So dating -- with or without sexual contact -- a minor who is AT or OVER the age of consent is not illegal as long as the parents or guardians are OK with it. In either case, If they are not good with it, they could file police reports that result in charges of "Contributing to the Delinquency of a Minor", "Interference with Parental Control" or something else (even Kidnapping) that might be appropriate in that particular state. They can also get a No Contact/Restraining Order/Order of Protection against the person. For example, In Mississippi, the age of consent is 16, but the age of majority is 21. A 20-year-old minor can legally consent to sexual contact. So with their parents' permission, it is perfectly alright. If the parents don't agree, they should wait until they are 21 to keep their lover out of trouble.
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