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Speak Up! - View Question #24598 |
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Question: It says here on question "What are the laws regarding minors and sexual consent?" that a minor can not consent to sexual conduct. However, its says here on question "i am 16 dating a 20 year old we are not having sex. is that illegal?" Its okay if the younger is at least 15, not 24 months younger than the older, and the older person is either still in high school or under 19. These seem to contradict eachother? Which is it?
Answer: The laws actually do not contradict themselves because of how a lawyer would read them. The first statute is the rule of law which states the basic rule of the statute. The second statute is the defense against the basic law. The defense provides a specific exception under those particular circumstances which would make the basic rule not apply in that case. However, if a person can't / doesn't use the defense in court than the basic rule would be the law that would be followed.
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On 08/03/08
Ali from TX said:
Depends on what state your in, different states have different laws. Texas, where I am, if the two parties are minors (under 18) that are sexually active, they cannot be more than 3 years apart. If they are the older is subject to sexual assult charges, even if it was consent. If the older is not a minor but the older is, automatic sexual assult. (If sexually active) if not, it could be indecency with a minor.
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