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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
21 thru 25 of 66 comments
On 03/18/04
Alex b from MO said:
Ok i dont know what the rape law is in my state and i have been trying to look for it all nite, see my problem is that i have this guy that i like named bret and hes really sweet and we might think about dating when i turn 15 he is 17 right now, so when im a freshman he will be a senior. I talk to him on the internet and on the phone most of the time. i dont think that it in wronge that i date him but hes scared bc he thinks that im going to be all like "rape" when we do something, plus his lil friend jessica told all the teaches in the high school and hes freakin out, theres more.............
On 03/18/04
alex b from MO said:
i dont know what i should do about it i really like him and i dont want to freak him out and tell him that i like him, i would be to scared to do that but next year in highschool it will be way differnt bc i will be a freshman and he will be a senior and ppl can know about it, right! i mean i hate this whole rape law thing its so dumb if someone that you really like and they really like you its ok to date, i mean i dont have sex with him but we do have oral sex, and i dont think that its a crime to do that stuff, so parents say "well that will lead in to other things"
On 03/18/04
alex b from MO said:
well it doesn't if you are mature for your age and know what the right things in life are! i know what the right things in life are, i make good grades and i have frineds and have my life in order but when this came up i was like what the heck am i gunna do im in love him someone 3 years older than me and ppl think that its wronge well its not, i know ppl that are 16 and dating 22 year olds and nothing is being done there and her parents dont even know! ppl are so hipacritiacl! how ever you spell that! lol but anyways i thought that i would just give you ppl what i thought, leave some comments
On 03/14/04
jan from TX said:
i feel bad for a couple of parents at my church.what has happen without the parents knowing these two kids where seeing each other and they had start seeing each other when they where 13 and 16. now that they are the girl is 15 and tne boy 18 she is pregant now.and both famlies go to church together and the girl parents have press charges now and the pastor advise them to punish the son.i thought both famlies where save and this thing could be work out.the mother said she will not leave church because they want to punish him. the son is in college that love not go away on the end hurt stays.
On 03/05/04
Diamyn Graham from VA said:
I'm 16 and this guy I've been dating 19. My sister doesn't approve of it because of his age. She keeps asking what does a 19 year old want with a 16 year old. But to me age ain't nothing but a number. I think it is wrong to keep people who like each other away from each other because of their age. We have tried so hard to get her to approve of it. She doesn't have do worry about us having sex because he's celibate. He say he doesn't want to have sex anymore until he gets marriage because he doesn't want to continue to commit adultery. This is who I wanna be with. What should I do?
21 thru 25 of 66 comments



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