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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
16 thru 20 of 238 comments
On 09/13/08
kristl from CA said:
1m 18, and my boyfriend of 3 months is 14 about to be 15, is it legal for us to date?
On 09/09/08
sk from ID said:
my boyfriend is 18 and his parents wont let us date because i am still a minor. is it illegal to still date him if i am still 17? we've been dating for a year now.
On 09/03/08
Faye from NM said:
can a 16 year old date a 18 year old without parental approval, if sex is not involved?
On 08/31/08
fred from KS said:
i am 14 and the girl i like is 18. i live in kansas and she lives in missouri. we have been 'dating' for about half a year. her parents said we could hold hands and all that stuff but just not have the title boyfriend and girlfriend because they think she will get in trouble. we have had no sexual activity and dont plan on it until we are married if we do get married. is there a law anywhere in kansas or missouri saying that it is legal or illegal?
On 08/27/08
Carrie from AL said:
I am 14 years old and me and this 19 year old had dated for 4 months and we had sexual relations. If someone found out how much trouble could he be in? Even though he didn't pressure me into it or anything?
16 thru 20 of 238 comments



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