Indiana state law
 
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I'm 16 and my boyfriend is 23. We've been dating for over a year and a half. And we want kids together and soon. Can my mother press charges? Is it illegal for me to date him?

By ReitzRowdy09 Asked Apr 29 2009 8:42AM
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Top Answer out of 6

by LovieBear on Apr 29, 2009 at 8:48 am Permalink

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16 is one of those ages that some states consider old enough to NOT press statuatory rape charges for having sex with someone that age. Some consider it 18, the legal age for adulthood. You'd have to find out the laws for your particular state.
Personally, it may not be illegal but I feel it is wrong. A 23 year old man has nothing to offer a 16 year old. Those men are only thinking about one thing. I used to date older guys as well and thought nothing wrong with it but now.... I am older and wiser and I'd give anything to go back and do it all over again and I'd love to press statuatory rape charges but the statute of limitations has run out on this crime. Trust me, you might think its OK now but when you get older you'll see that they were only using you, preying on your youth and innocence. Nothing more.
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Avatar john pennington Apr, 29 2009 at 08:53 AM
good answer. john. 6 to u.
Avatar LovieBear Apr, 29 2009 at 09:08 AM
thank you john. they may not see my point for another 10 years but one day, you eventually realize what they really wanted from you and you wish you'd done things differently. ah hindsight! ;-)

Answer 2 out of 6

by john pennington on Apr 29, 2009 at 8:50 am Permalink

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You are a minor. he is an adult.

Sexual contact is rape.

Your mother has the authority to sign the warrants.
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Avatar LovieBear Apr, 29 2009 at 09:09 AM
I hope this mother does...
Avatar Anonymous Aug, 02 2009 at 09:31 PM
Umm, mother doesn't sign the warrants, The judge does. She can inform the police, but since no crime is occurring, police cant do alot, if the mother tells the guy to never return to her house the police can remove him. But in Indiana, Your bf has not committed a crime, Its a gray area, as said two other times, and no one understands this. Am I the only law enforcement related person on this post?
Just make sure before you have a kid its what you truly want.
Please understand guys, CSI does not know the law

Answer 3 out of 6

by Anonymous on Apr 29, 2009 at 8:52 am Permalink

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Apart from the sex, covered by Lovie, you are still a minor at 16. So your mother can go to the police.
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Answer 4 out of 6

by vera city on Apr 29, 2009 at 9:03 am Permalink

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if a 16 yr old has sex with someone who is older than 21, in the state of Indiana, it is a crime. it is legal for two teenagers to have consensual sex as long as the younger person is at least 14 yrs old and the older person is not more than 4 yrs older than the younger.

dating (without sex) is another matter. if you are living with your mother you should not date someone she does not approve of.


SECTION 45. IC 35-42-4-9 [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threatening the use of deadly force, if it is committed while armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(b) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age,

performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits sexual misconduct with a minor, a Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threatening the use of deadly force, while armed with a deadly weapon, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that the child was at least sixteen (16) years of age at the time of the conduct. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the following apply:
(1) The person is not more than four (4) years older than the victim.
(2) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
(3) The crime:
(A) was not committed by a person who is at least twenty-one (21) years of age;
(B) was not committed by using or threatening the use of deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
(F) was not committed by a person having a position of authority or substantial influence over the victim.
(4) The person has not committed another sex offense (as defined in IC 11-8-8-5.2) (including a delinquent act that would be a sex offense if committed by an adult) against any other person.
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Avatar Anonymous Aug, 02 2009 at 04:37 PM
Read the code that has been given, there is nothing in there that says "someone at least 18 has sexual intercourse with someone atleast 16 years of age" ONLY Thing in there that deals with 16 years old is Child Sedlection, ONLY THEN can the parents press charges, and the child has to testify. As I Stated you are in a very gray area, its possible to get charged, but your parents would have too.
Avatar Anonymous Aug, 02 2009 at 04:43 PM
Also I would like to add, The code been given is crimes of Rape, Sexual Deviate conduct with a minor, ALSO it says in the code, conduct with someone who is atleast 14 but less than 16. So everything you just shown was pointless. She is given consent, there is no threat of force, drugs, use of force or nothing. Please understand the law before you apply it. Im a law enforcement student, it got beaten into me at school ;)

Answer 5 out of 6

by Anonymous on Aug 1, 2009 at 3:07 pm Permalink

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Your in a very gray area for Indiana law. There is no law on the books saying what he did was rape, but there isnt nothing saying your parents cant press charges, i say that is because until you are 18 your parents are in charge of you and everything, but you would have to testify and blah blah blah. SO its really hard to make a call.

Its not illegal to date someone of any age, when sex comes involved then there is an issue.

Just some advise, wait to have kids, make sure you finish school, and go to college make something better of yourself. When you are older and have a good job, settle down, your still in the prime of your life, no need to be tied down, enjoy life, you only live once.
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Answer 6 out of 6

by stoneddora on Aug 1, 2009 at 3:09 pm Permalink

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yea it is, u cant have sex with a guy over the age of 18, if u are and the police find out he will get in trouble. he will be charged for statutory rape
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I'm 16 and my boyfriend is 23. We've been dating for over a year and a half. And we want kids together and soon. Can my mother press charges? Is it illegal for me to date him?

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