We are 4.5 years apart. From what I looked up the 20 year old is exempt from rape charges but can still get a class b misdemeanor for sexual misconduct. Is this correct or am I missing something? Or is it legal for us to have sex?
The 15 year old cannot legally consent to sexual activity. It is illegal for a 20 year old to have sex with a 15 year old.
Its a violation of the NY Penal Law as you correctly cited. There is a further possibility that your conviction could put you on the sex offenders registry for many years.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
No. It is illegal because the age of consent in New York is 17.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
A 15 year old can not legally have sex with anyone as they are incapable (by law) of giving consent in NY.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 18 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
In NY, a 20 year old having sexual intercourse with a 15 year old with or without consent will be deemed to be sexual misconduct which is a class B Misdemeanor. Consent cannot be considered unless the individual is 17 years or older in NYS.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline