QUESTION

Does the age of consent apply when the female is 16 years old, and the male lies to her about his age, when he is actually 47?

Asked on Jul 17th, 2013 on Criminal Law - Texas
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7 ANSWERS

A forty-seven person involved sexually with a sixteen year-old can be charged with violation of California Penal Codes Sections P.C. 261.5 Statutory Rape, 647.6 Child Molestation, and 288.4 Solicitation of a Minor. 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. PC 647.6 (a)(1)Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (2)Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age, which conduct, if directed toward a child under 18 years of age, would be a violation of this section, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail for up to one year, or by both that fine and imprisonment. 288.4. (a) (1) Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (2) Every person who violates this subdivision after a prior conviction for an offense listed in subdivision (c) of Section 290 shall be punished by imprisonment in the state prison. (b) Every person described in paragraph (1) of subdivision (a) who goes to the arranged meeting place at or about the arranged time, shall be punished by imprisonment in the state prison for two, three, or four years. (c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.
Answered on Jul 19th, 2013 at 4:54 AM

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Thomas Edward Gates
The age of consent is defined by state statute, it does not matter how old the other party. One should be able to tell if the person is 47.
Answered on Jul 18th, 2013 at 10:47 AM

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Criminal Defense Attorney serving Huntington Beach, CA at Law Offices of James Elliot McIntosh
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It is called rape by fraud and gets prosecuted the same as a forcible rape.
Answered on Jul 18th, 2013 at 5:44 AM

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Geoffrey MacLaren Yaryan
The question is confusing, but the answer would be yes if one person is 16 and the other 47, a sex act would be statutory rape.
Answered on Jul 17th, 2013 at 10:37 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The age of consent in Michigan is 16. If you are in Michigan call my office to engage us and provide details.
Answered on Jul 17th, 2013 at 10:17 PM

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Statutory rape makes lies or appearances irrelevant.
Answered on Jul 17th, 2013 at 8:54 PM

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Criminal Attorney serving Houston, TX at The Montes Law Firm
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In Texas it is a crime to have sexual relations with a person younger than 17 years of age unless the older actor is no more than 3 years older. (see Texas Penal Code 22.011)
Answered on Jul 17th, 2013 at 8:52 PM

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