New York criminal code, laws regarding statutory rape
2 attorney answers
Dear NY: The quick answer is it is not a sex offense for an 18 year old to have sex with a 15 year old as NY Penal law section 130 requires a 4 year age difference ( the defendant has to be over 18 and the victim under 15). However, it may be endangering the welfare of a minor, a class A misdemeanor. So the short answer is that if they file charges you may be arrested for that charge. That is not a registerable sex offense nor is their any mandatory jail for that offense. In my experience, our clients in your situation do not go to jail unless there is some extreme circumstance you are not telling me. As for your parents, they have no criminal nor civil liability for your actions. SO those threats are empty. You should NOT speak to the police about this if they contact you. Please feel free to call my office for a free consultation
I cannot give legal advise over the internet nor can I establish an attorney client relationship with you. You should not assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject ot any privilege protections. Indeed, these internet communication are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. I am not licenensed to practice law in your state. Because of the nature of these communications the information is general only and should not be relied upon in any speicific case. The law changes frequently and from jurisdition to jurisdiction. Accordingly they comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing with.
Your inquiry appeared in the "class action" section of the Avvo listing. The facts that you provide are strictly personal to you and are not of the kind where the class action procedures would be useful.
. Generally speaking, an class action is one where the claims of a group of similarly situated persons is aggregated and litigated together by a representative plaintiff. In other words, one of the first question an attorney will try to ascertain is whether the claim of the person who is consulting with him is typical of claims of other persons.
Sueing as a representative plaintiff is not something that can be done pro se, that is without a lawyer. One of the tests that the court applies is whether the putative represtative plaintiff has retaiined adequate counsel.
Your best course is to find a local attorney familiar with these issues and have a discussion with that attorney. I suggest that research over the internet is likely to identify attorney who might be interested.
There are some matters that are just better handled by an attorney familiar with the procedures of the courts and how to present legal arguments to a judge. .Most legal matters should not be handled via internet communication. At best the responders can give you a few hints and guidance. To deal with a legal problem nothing is better than a sit down with a lawyer who will give you some time. If you cannot afford an attorney, there should be agencies in your locality that can provide discounted or even free legal services. Your local Bar Association should be able to provide you with a list.
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