Does it mean if I’m under 16 and someone is over 16, we can’t have sex? Like if I’m 14 and my boyfriend is 14 and we have sex is it illegal. Or if I’m 14 and my boyfriend is 17, can we have sex legally? I’m curious. Last lawyer was not answering my question, just going on about why I’m thinking about sex but I just need an answer.
Short answer: It is illegal in Mass to have sex with anyone under the age of 16.
Long answer: The age of consent is the age at or above which a person may lawfully consent to have sexual intercourse with another person who is also at or above the age of consent. The age of consent can be 16, 17, or 18, depending upon the state. In Mass, it is 16 and up.
Some states have no prohibition on consensual sex between teenagers below the age of consent, and some allow consensual sex if the two are within 3 or 4 years of each other. Those states have what are called "Romeo and Juliet" laws.
Mass does not have a Romeo and Juliet law or exception, and therefore two 14-year-Olds can be sent to PRISON for having consensual sex per Mass General Laws Chapter 265:
Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction.
I hope that clears up the issue for you! Best wishes!
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.
If you are 14, it is illegal to have sex as our laws do not allow you to "consent." Therefore, if your boyfriend is 14 or 17, he can be charged with a serious crime for having sexual relations with you.
You need an answer, but do you really want an excuse or a loophole? The age of consent for sex in Massachusetts is 16. So, you are legally not able to consent to sex with your boyfriend. It does matter whether your boyfriend is 14 or 17, you cannot consent under the law. If you do have sex, no matter what you want, the police can charge him, convict him, and send him to jail. Is that what you want? You are legally a child, with no rights, until you reach the age of being an independent Adult at 18. Until then you are still legally bound to your parent's authority.
On a more practical level: are you mature enough to handle a pregnancy, an abortion, risk of STD, pregnancy, leaving High School, etc.? And referencing another attorney's answer: Remember, both Romero & Juliet Died.
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