If you had intercourse when you were under 17, he can get in trouble.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
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.
17 is the legal age for consent to sex in New York.
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) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
The other attorneys are correct in that you are still below the age of consent and your boyfriend could be prosecuted. However, for a statutory rape charge, the 2 parties have to be at least 4 years apart. He could however, be prosecuted for sexual misconduct.
The answering of this question does not create an attorney-client relationship.
The headline query and the substantive question are not congruent. It is legal for a 19 year old to date a 16 year old [or anyone] [headline]; it is not legal for people under 18 to have intercourse, whether their partner is over or under 18 [substantive]. It might come as a surprise to some in this licentious era, but one can date without having intercourse, which is why the answer to the headline query is yes, but the answer to the substantive question is also yes, even though they pose different curiosities. Yes, he can be arrested and prosecuted. [Uh..., it is "with me," not "with I": if you exercised your gray matter more and your loins less, two problems would be solved!]
In NY the age of consent is 17 years old. The question does not lie in his age as he seems to have been at the age of consent when you started dated. The question is what was your age when you had sexual relations. Were you age 17 at that time.