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Question: Can a 15 year old and 17 year old consensually engage in sex?

Answer: This question raises a lot of issues. This answer addresses only specific Arizona laws, if you are reading this in another state, you must check the statutes of your own state since laws on this matter differ from state-to-state.

Firstly, both parties are minors (under 18). That means they are under the care and control of their parents or guardians. If they engage in sex against their parents' wishes, their parents may take steps to stop them, including having them declared incorrigable, and possibly put in a juvenile facility.

Because neither is over 18 years, they are not liable under criminal law. However, the moment the 17 year old turns 18, he or she is liable for prosecution under A.R.S. § 13-1405 for having sex with a minor, even consentual.

It is a defense under A.R.S. § 13-1407 if the younger person is at least 15 years old, and the older person is less than 19 years or in high school, and is no more than 24 months older than the younger person.

If there are more than 24 months between the ages of the parties, and the older party turns 18 and is not in high school, that party can then be prosecuted for sexual conduct with a minor even if the younger party has turned 15. If the younger party is still 14, the older can be prosecuted.

This answer concerns only the likely legal problems of such sexual conduct. There remain the issues of possible unwanted pregnancy and sexually transmitted diseases, some of which cause lifelong need for treatment, and one of which is fatal.

If you have not considered the following, you should: When you have sex with one person, you are exposing yourself to all the persons that that person has had sex with, and all of the persons that all of those persons have had sex with, etc. That means that there may be lots and lots people whose health and habits you are exposing yourself to.

Both parties should consider carefully whether they want to begin a sexual relationship this early in their lives.

If you decide to do so, you should take precautions against the transmission of disease and against pregnancy. For more information on this topic, see the Arizona Planned Parenthood website.


Comments
16 thru 20 of 66 comments
On 05/19/04
Rob from CA said:
Minors should NOT be having sex! They don't have the mental capacity to understand the responsibility or the consequences. A child does not have the ability to have another child dependent on them. A 13-17 y.o. cannot go to school, have a job sufficient enough to support a family and be around to raise a child at the same time. Date all you want. There's a million fun things you can do other than having sex. But PLEASE don't have sex or kids until you're mentally and economically capable. It isn't fair to you, your family and especially to an innocent baby. Think about it.
On 05/11/04
James from WA said:
yeah right girl if he is 17 and a guy he is Cheating!!!!!!! I'm a guy I should know. And I have A Question is he in college? because if he is not then you should drop him!!!!!!!!
On 04/26/04
Courtney from MI said:
I just wanted to say that I have been with my boyfriend for a year and a half. I am 16 he is 17, and since my mom doesn't like me having sex with him, she is trying as hard as she can to press rape charges against him. I think that me having sex with my boyfriend is fine. She should just be happy that I'm not out prostituting myself on the streets. I'm with one guy. Also, he has already taken me to get my ring finger sized up for an engagement ring!!! He's the only person I've been with and I'm the only person he has been with. That's all I wanted to say.....I love you Matt!
On 04/16/04
Ronald from WY said:
OK well i am 15 years old and i had a baby about 4 months ago, the dad of the baby just turned 18 like last month, my parents hate him now and they said if he touched me they would put him in jail. I love him to death and want to be with him the rest of my life, i want my son to have his father and mother together while he grows up, i dont know what to do though. im going to be 16 here soon. i dont know what to do, can anyone help me out please!>
On 04/14/04
troy from MI said:
Yea i just wanted to say something. We have pretty close situations. There is this girl that is 13 and im 16 and we like each other A LOT. And its just like everyone around us just thinks that im gunna rape her or something. Its just rediculous and i just needed to get that out. Thanks.
16 thru 20 of 66 comments



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