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by naynay on February 17th, 2007

naynay

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My 13 year old daughter is dating a 15 year old boy. I found out that they are having sex, is this against the law for the age difference. I live in the state of New York.

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  • by canadianhelper on February 17th, 2007

    canadianhelper

    In New York once you hit 13 years old you can have sex with someone within 4 years of that...I don't know if it is only measured in years or if this fellow is 4 years 2 days older but still 17 if that is a crime.

    New York Age of Consent Laws

    Posted by Tamara

    The age of consent in New York is 17 for both men and women in heterosexual and homosexual relationships. This is the age at which a person can legally consent to have sex with an adult.

    Under the complex New York age of consent laws, it is legal for an individual between 13 and 16 to consent to a sexual relationship with someone who is less than 4 years older. So, a 15-year-old girl may consent to sex with her 17-year-old boyfriend, but not her 53-year-old minister.

    In general, a different standard applies when the older person is in a position of authority over the younger one, as a teacher, employer, coach or pastor is. In those cases, the age of consent may be 18 or even 21 years old.

    The crime of third-degree rape occurs under the New York age of consent laws when someone aged 21 or older has sexual intercourse with a person under the age of 17. The sentence for this crime is up to 4 years in prison.

    Second-degree rape involves intercourse between someone aged 18 or older and someone under the age of 15. The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense. If convicted, the penalty for this crime is up to 7 years in jail.

    First-degree rape involves sexual intercourse with someone under the age 11, regardless of the age of the offender. It may also involve sexual intercourse with someone under the age of 13 if the offender is over the age of 18. The sentence for this crime is 5 to 25 years in the state prison.

    You must be 18 years old to legally marry without your parents consent in New York. Individuals who are 16 or 17 years old need a parental consent form completed by both parents (or the custodial parent.) Individuals who are 14 or 15 years old may marry in New York only with both their parent’s permission and that of a family court judge or a justice of the State Supreme Court. Persons aged 14 years and under cannot marry in New York.

    http://blog.laborlawtalk.com/2006/11/09/new-york-age-of-consent-laws/
    http://www.nycagainstrape.org/survivors_legal.html

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