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Speak Up! - View Question #131 |
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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.
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On 12/03/07
anthon from RI said:
yeh im 17 and i am seeing a girl that is 14 and my mom and dad say that she is to young and are makeing a big deal of it...so wat shud i do because we have been goin out for a half a year and im in love with her...so should i stay with her or what??
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On 11/18/07
jazz from IL said:
my boyfriend is 18 and im 16. we have been dating for3 years now. n my parents love him. I dont think its a problem. we have faced many struggles over the years n i guess he figures i am mature enough. why is it such a big deal if u cant drink until ur 21. N wen ur 18 ur still a teenager. N sumtimes still stay at home with ur mom. Love is love. I could see if it was something as drastic as being 16 and messing with a 28 on 25 year old. Wen u do that ur mind isn't even ddeveloped enough to catch up with some1 that old.
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On 11/18/07
Roxy from IL said:
I'm 15, and my current boyfriend is 23. Though, sadly the parents don't approve, I believe there is nothing wrong with the relationship as long as there is no sexual content, right now.
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On 11/15/07
from OH said:
If you are the age of 16 you should be able to date anyone under the age of 21. My boyfriend is 20 turning 21 next month and we keep eachother sane to be completely honest. My parents love him. They have never seen me smile so much in their lives. You must be crazy to take someone that dear away from somebody they love and cherrish just because you dont like the age difference, or you think that hes going to rape someone... I'm sorry, but if you truely feel that strongly about all this, then tell your kids they aren't allowed to be with someone that old. Not me.
-A concerned girlfriend.
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On 11/12/07
md from OH said:
when i was 17 i met a 15 year old we started dating when i turn 18 i broke it off with him b/c i was afraid i would get in trouble with the law i still really like him and he likes me im 18 now he will be 16 in feb is it against the law to date him also his parents approve of me and him dating
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