Speak Up! - View Question #131
« LawForKids.org home page | « Go back to speak up question #131

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
26 thru 30 of 238 comments
On 06/23/08
Ciara from VA said:
that is the dumbest law ever you cant tell someone who they can or cant date
On 06/23/08
krysta from AL said:
I`am in love with a older man but i try my hardest to keep him out of trouble and its hard we can jus talk but this low is really messed up as long as 2 people love eachother than it shouldnt matter it goes to the same rites a gay if u can be 18 and date then young kids shouldnt be gay !
On 06/18/08
CASEY from SC said:
Man this law is retarted. i will turn 18 on july 2nd of this year. i feel in love with a girl a lil bit younger then me.. she is 2 years younger. but when i meet her my heart was at a young stage and i cant get over her. now whos place is it to say we dont love each other. i have known and loved her for a year. and if you dont know..if someone was to turn me in.. i could go to jail for up to 15 years and i would be on the sex offenders list forever. now my life can be ruined over a stuip law and someone who dont like me.. come on now..
On 06/07/08
me from OH said:
the law should be overturned. It shouldn't be up to some council man who doesn't know either one of the two people.It should be up to the parents and thier opinions about it.
On 06/05/08
??? from CO said:
That law is dumb. I don't know how many years they should be apart, in my opinion, 3 1/2 years because I am in a relationship. we're not quite in love but working our way to it. :)
26 thru 30 of 238 comments


Read more about the law and Family
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #131