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by lynne brown on January 8th, 2005

lynne brown

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I'm 17, my boyfriend is 15, and we live in Kentucky. When can we legally date and have sex?

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  • by Krezzy on September 21st, 2006

    Krezzy

    It might not be worth the risk. Here's what I think is the relevant Kentucky law on the subject:

    Sec. 11.41.436. SEXUAL ABUSE OF A MINOR IN THE SECOND DEGREE.

    (a) An offender commits the crime of sexual abuse of a minor in the second degree if
    (1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least two years younger than the offender, or aids, induces, causes or encourages a person who is 13, 14, or 15 years of age and at least two years younger than the offender to engage in sexual penetration with another person;
    (2) being 17 years of age or older, the offender engages in sexual contact with a person who is under 15 years of age or aids, induces, causes, or encourages a person under 13 years of age to engage in sexual contact with another person;
    (3) being 17 years of age or older, the offender engages in sexual contact with a person who is under 17 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian;
    (4) being 17 years of age or older, the offender aids, induces, causes, or encourages a person who is under 15 years of age to engage in conduct described in AS 11. 41. 455 (a)(2) - (6); or
    (5) being 17 years of age or older, the offender engages in sexual contact with a person who is under 15 years of age, and
    (A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or
    (B) the offender occupies a position of authority in relation to the victim.
    (b) Sexual abuse of a minor in the second degree is a class B felony .

    ==
    It seems like Paragraph (2) is relevant to your question. It refers to "sexual contact" rather than "sexual penetration," as other parts of the law do.

    While Paragraph (2) seems to say it's OK (he's 16 or older, you are NOT under 13), I would try to find some way to check with a legal expert. It would be really horrible for you two to be separated by some kind of legal action.

    As far as dating, 2 years apart is a still a while away and when you're 15 and 17. It's not the same as 20 and 23, or 18 and 21. You might want to do things with a few other people, rather than going out on a solo "date" until you are really sure of what your feelings are about each other.

    As far as the sex goes, if you are going to risk it and do it no matter what the law says, be sure you understand what kind of accidents can lead to possible pregnancy. And be sure you don't put yourselves in a place where you are likely to be discovered doing it. That would definitely kill the fun and the romance.

    Finally, at 15 you may or may not realize the difference in love and sex. Your boyfriend at 16 probably DOES realize the difference. If he's a cool guy, then talk about this and the risks and see if you can hold off for a while.

    Good luck. You obviously have a lot of good sense because you took the time to ask this question.

    Hope I Helped!

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