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If a 18 year old girl and a 16 year old boy have sex, is that criminal offense by the girl?

Rocky Point, NY |
Attorney answers 3


I do not know what the age of consent is in Va. In NYS it is 17, and the girl can be charged with sexual assault. Someone has to file the complaint and then the prosecutor has discretion on whether or not to prosecute.
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Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.


The age of consent in Virginia is 18. At 17, a person in New York may legally consent to sex. So the girl in this situation may be in some legal difficulty and may be charged with sexual assault. The prosecutor has discretion on whether or not to prosecute. Tell the girl not to risk it if indeed this is a situation that is hypothetical.

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Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


Yes. A young person does not have the necessary ability to say "yes" in NY until they are 17 - regardless of gender.

If you have been or are about to be arrested, you should see a competent criminal defense attorney as soon as possible. However, if its only a concern right now, most of the time, the authorities don't bother with this type of situation.

Good luck.

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