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Question: With parental consent, can a child at the age of 16 date someone who is over 18? Is it legal for a minor to date someone 18 or older if sex is not a factor and the minor has parental consent?

Answer: A parent cannot consent on behalf of a minor to sexual activity with that minor which would otherwise be illegal. A parent can consent, however, to a teenager dating someone 18 years or older as long as sexual activity is not involved.

Arizona Law says (ARS §13-1405) that it is generally illegal for anyone over 18 to have sex with a person under the age of eighteen. There are exceptions, however. These exceptions can be found in specific Arizona Laws (See ARS §13-1407(F) -- which sets out a relevant defense to the sexual offense in ARS §13-1405)

If all of the following are true, then it is not criminal for two teenagers to have sexual relations:

1. the minor (or the younger person) is at least 15 years old
2. the older person is less than 24 months older than the younger one
3. the activity is consensual
4. the older person is under 19 years of age or still in high school

Therefore, a 16 year old can have sexual relations with an eighteen year old as long as the activity is consensual and the 18 year old is less than 24 months older than the 16 year old. If the 16 year old turned 16 in July of 2001, and the eighteen year old turned 18 in June of 2001, they are 25 months apart in age and it is illegal.


Comments
11 thru 15 of 238 comments
On 02/19/09
ally from FL said:
is it okm if i turn 15 in may and he is 17? is it ok to date?
On 01/28/09
kate from AZ said:
is it ok for a 19 year old to be dating a 15 year old only if the parents are ok with it?
On 01/05/09
skp from NJ said:
my boyfriend is 17 and soon to be 18. when he is 18 it is illegal for us to date even though theres no sex involved?
On 11/07/08
d from UT said:
my friend wants to know if she can date a guy who is 20 and she is only 17 is it legal for her to date but not do anything sexual until she is eighteen i would really like to know the answer to this so i can tell her so she stops bugging me about it
On 11/03/08
Jaz from VA said:
This law is ridiculous and makes no sense in my opinion. What does a month matter in a relationship? I've been with the same guy for over a year and he is 5 years older then me. I know it's a rare case,but sex is not a factor and by VA law,this would still be illegal. I think when you are over 15 it should not be illegal,I agree with parental consent,but everyone is aware that girls mature faster then men anyway,and this is also somewhat like the gay rights,who's to say who you love and who you don't? Why should the government but barriers on anybody's freedom to be with who they want?
11 thru 15 of 238 comments



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