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  1. #1
    Join Date
    Sep 2010
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    2

    Default Adult Kissing a Teenage Minor

    My question involves criminal law for the state of: Tennessee

    Is it illegal for a 31 year old to kiss a 15 year old in TN? Although morally wrong, what kind, if any, charges would be brought against this person?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,611

    Default Re: Adult Kissing a Teenage Minor

    A kiss hello on the cheek in front of her parents? Or one of *those* kisses in private where they're not supposed to be?

  3. #3
    Join Date
    Sep 2010
    Posts
    2

    Default Re: Adult Kissing a Teenage Minor

    It was a french kiss (make out). No sexual penetration or anything else happened.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Adult Kissing a Teenage Minor

    Let's see...

    I would start here...

    39-13-528. Offense of solicitation of a minor
    (a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses:
    (1) Rape of a child, pursuant to 39-13-522;
    (2) Aggravated rape, pursuant to 39-13-502;
    (3) Rape, pursuant to 39-13-503;
    (4) Aggravated sexual battery, pursuant to 39-13-504;
    (5) Sexual battery by an authority figure, pursuant to 39-13-527;
    (6) Sexual battery, pursuant to 39-13-505;
    (7) Statutory rape, pursuant to 39-13-506;
    (8) Especially aggravated sexual exploitation of a minor, pursuant to 39-17-1005; or
    (9) Sexual activity involving a minor, pursuant to 39-13-529.

    (b) It is no defense that the solicitation was unsuccessful, that the conduct solicited was not engaged in, or that the law enforcement officer could not engage in the solicited offense. It is no defense that the minor solicited was unaware of the criminal nature of the conduct solicited.

    (c) A violation of this section shall constitute an offense one (1) classification lower than the most serious crime solicited, unless the offense solicited was a Class E felony, in which case the offense shall be a Class A misdemeanor.

    (d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  5. #5
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Adult Kissing a Teenage Minor

    Unless it can be shown that the adult is attempting to engage in sexual activity then there is nothing that directly prohibits kissing. Although it could certainly be argued that the kissing itself is an attempt to persuade the minor to engage in sexual contact, which is illegal.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Adult Kissing a Teenage Minor

    Quote Quoting antrc170
    View Post
    Unless it can be shown that the adult is attempting to engage in sexual activity then there is nothing that directly prohibits kissing. Although it could certainly be argued that the kissing itself is an attempt to persuade the minor to engage in sexual contact, which is illegal.
    If you have been french kissed without thinking about engaging in sexual activity, you have been kissing the wrong folks.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,297

    Default Re: Adult Kissing a Teenage Minor

    Quote Quoting cyjeff
    View Post
    If you have been french kissed without thinking about engaging in sexual activity, you have been kissing the wrong folks.


    Thanks.

    *wipes down monitor*.

    Jeffy, how many times must I implore you not to make me laugh like that?! My monitor does NOT like merlot!

    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Adult Kissing a Teenage Minor

    Quote Quoting cyjeff
    View Post
    If you have been french kissed without thinking about engaging in sexual activity, you have been kissing the wrong folks.
    A humorous quip for sure, but legally not an arguement. My comments still stand. What the person is "thinking" is irrelevant, it's what is actions are that counts. That is why I stated that the act of kissing is arguable as an attempt to persuade, but it is a gray area.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,611

    Default Re: Adult Kissing a Teenage Minor

    There is something seriously wrong with a 31 year old who is interested in a 15 year old, no matter how you slice it.

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