(08-24-2012 04:50 PM)662LetGo Wrote: Be careful with this because most states have statutes that say if you're 4 years or more older than the age of consent, it's a crime..
Not quite. Here is what the book in Maryland says (shamelessly poached from Wiki, though footnotes exist
on the page if you want to diver further into the legal details):
Quote:The age of consent in Maryland is 16.
If a victim is 14 or 15 and the offender at least 4 years older than the victim, that constitutes a sexual offense in the fourth degree. If the offender is at least 21 years old, and they engage in vaginal intercourse or other sexual acts (including oral and anal sex), that constitutes a sexual offense in the third degree.
Translation: The age of consent is 16. There is some concern here that Maryland and many other states may state that " if you're 4 years or more older than the
age of consent, it's a crime".
There is no such stipulation, which is why the effective age of consent is still listed at 16. It does not matter how much older you are than this age of consent. Her (or his) ability to consent at 16 is not, in the eyes of the law, impacted by the advanced age of the older partner (unless he/she is an authority figure, which I'll get to in a moment).
16 is the number, period.
Now, you can have a situation like Pennsylvania's, which I just mentioned. There, 16 is the listed age, but 18 is the effective age because the law holds that those over 18 can be charged for "corrupting" a partner under 18. In this state, it actually does matter how much older you are than the age of consent (must be less than 2 years). This is why 18 is listed, and not 16.
If the state is listed as 16 or 17 in the previous posts, then it does not have the clauses that Pennsylvania does pushing the age up. 16 (or 17) is the number to go by.
Further translation: You do see a close in age exemption here, as you do in the vast majority of states. Here, 14 and 15 are legal IF the older partner is less than 4 years older. That means that if you're 17, you can legally have intercourse with a 14 year old (14 is the age of consent for you). If you're 18, 15 is fair game. If you're 19, it isn't-you must stick to 16 or above, lest you wish to see a fourth degree (relatively minor, but still on your record) sexual offense charge. The law states that this punishment will be more severe for someone 21 or over who engages in such activity (third degree charge).
Maryland allows a 3 year difference with its exemption. Here's what Utah says:
Quote:The age of consent in Utah is 18. However, it is legal for minors aged 16 and 17 to engage in sexual activity with partners less than 10 years older.
Utah has a pretty high effective age of consent at 18, but it is lower for younger folks. If you're 25 years old, it is effectively 16 (at 26, 17). Like Maryland, Utah has a close in age exemption of 3 years, making it ok for a 17 year old to get with a 14 year old and a 15 year old with an 18 year old.
Anyway, back to Maryland:
Quote:If a victim is under 14 and the offender at least 4 years older, and they engage in a sex act (oral, anal and other sex acts, but not vaginal intercourse), that constitutes a sexual offense in the second degree. If they engage in vaginal intercourse, that constitutes rape in the second degree. If they have sexual contact (kissing, touching for sexual gratification), that constitutes a sexual offense in the third degree.
Notes:
Another close in age exemption, this time for much younger folks. What this basically means is that 13 year olds are in play for 16 year old kids, and 12 year olds for 15 year olds, etc. If you're 17 or older and you even
touch a 13 year old, you can be charged with a sexual offense.
Continuing with Maryland...
Quote:An exception to the age of consent is that if a person in a "position of authority" (full-time, permanent employee) engages in any sexual contact with any minor under age 18 or victim specified above, that constitutes a sexual offense in the fourth degree.
If you have folks under 18 working for you, don't ever even touch them. If you are a coach, teacher, or administrator, do not even
look at a student under 18. This law is consistent in just about every state, though some states set the age of consent for authority figures even higher.
Alabama is one of these:
Quote:Alabama: A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if:
(a) He or she is a school employee and engaging in sexual contact with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.
(b) As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act.
© The crime of a school employee having sexual contact with a student is a Class A misdemeanor.
Ok, finishing off Maryland now...
Quote:An additional violation is the crime of "sexual solicitation of minor." §3-324. Under this statute, it is illegal to solicit any minor under 18 (or a law enforcement officer posing as a minor) by any means (in person, by agent, online, telephone, mail, writing etc.) to commit a rape or sexual offense in the second degree sexual offense in the third degree, or prostitution.
Call this the
"To Catch A Predator" law. This is the legal backing they use to grab those guys Chris Hansen ambushes on TV. Not every state has one of these, but I believe most do.
The bottomline for guys is this: if you see a girl online and she is under 18, never get sexual with her online. Do not ever suggest having sexual activity (especiallypay-for-play) to her.
And, for the love of god,
NEVER sext her.