QUESTION

Underage sex

Asked on Feb 26th, 2013 on Civil Rights - New York
More details to this question:
If a man is 18 and have sex with a minor that is 15 is the in anyway not legal aka could the man be arrested if they are both ok with it in ny
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1 ANSWER

Criminal Defense Attorney serving New York, NY at Nass & Roper Law, LLP
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Hi and thanks for writing in.  Sex with a minor is illegal regardless of whether the minor is "ok with it."  This is called Strict Liability and the adult is strictly liable for the acts done - regardless of the desires of the minor. The theory is that someone who is underage is incapable of making the decision and therefore, as an adult, you abused that authority. It is the same reason why a 15 year old cannot sign a contract to purchase a car (not competent enough to know what they are bargaining for).  So to answer your question - no, there is no way this is legal. Finding a mate ones own age, is likely easier than finding legal loopholes for mates who aren't.  Best of luck. Evan H. Nass, Esq.
Answered on Feb 27th, 2013 at 3:08 PM

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