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Can You Go to Jail for Impregnating a Minor

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  • 01-01-2013, 03:58 PM
    Gimmyahand
    Can You Go to Jail for Impregnating a Minor
    My question involves criminal law for the state of: Pennsylvania
    I do computer repair.. I met a girl at her grandmothers while working on a computer there. Her family likes me. consented to us dating without sexual activity. well.. we ended up having sex anyway.. She is now pregnant.. She is beyond the legal age of consent of 16, but not yet 18. I'm beyond 4 years older than her, which grants protection to the older person in such a predicament.. We plan on getting married, and raising our child together. however We are concerned that her mother may not take this so well, and press charges against me. What should I expect in such a situation? Is this going to be horrible? As it wasn't rape, both consented, and we are actually quite content with our situation, and plan to have a family. What should I do, and how to prepare?
  • 01-01-2013, 04:07 PM
    cbg
    Re: Pregnant 17 Y/O in Pa
    Although the age of consent in PA is 16, there is also a "corruption of minors" statute which means that since she is under 18 and you are over 18, if her mother wants to press the matter, you're up the creek without a paddle.
  • 01-01-2013, 04:13 PM
    Gimmyahand
    Re: Pregnant 17 Y/O in Pa
    I was actually aware of that. I keep looking up similar cases, but all I find are of "people in authority" such as teachers, and coaches. This seems to be completely different though. I'm trying to figure out what I should expect as A(fines) : B(prison time). I can understand her mother may be upset.. but Is the court really in the habit of breaking up budding families? This would literally screw us over.... And for what? the gratification of her mother? we would still end up together after all of this, but then be WAY behind in financial situation, etc, etc.
  • 01-01-2013, 04:19 PM
    cbg
    Re: Pregnant 17 Y/O in Pa
    There is nothing in the statute itself limiting it to people in authority. I can't tell you what the DA or a court will do. I can only tell you what the law says. It's a first degree misdemeanor. If you have no prior criminal record that could conceivably be anything from probation 30 days in jail.
  • 01-01-2013, 04:24 PM
    jk
    Re: Pregnant 17 Y/O in Pa
    It's not for the gratification of her mother. In fact, it is not up to her mother to determine if charges are actually filed or not. A crime such as yours isn't one against the victim or her mother. It is a crime against society and the standards our society have determined to be in the best interest of a child.



    Quote:

    § 6301 Corruption of minors.
    (a) Offense defined.-- (1) Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, commits a misdemeanor of the first degree.
    there is also this statute:

    Quote:

    § 6318. Unlawful contact with minor.
    (a) Offense defined.--A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth: (1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses). (2) Open lewdness as defined in section 5901 (relating to open lewdness). (3) Prostitution as defined in section 5902 (relating to prostitution and related offenses). (4) Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances). (5) Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children). (6) Sexual exploitation of children as defined in section 6320 (relating to sexual exploitation of children).

  • 01-01-2013, 04:29 PM
    Gimmyahand
    Re: Pregnant 17 Y/O in Pa
    Prior record.... Hmm... I have an ARD from a few years ago. From drinking with a buddy of mine, and he pulled a Mailbox out of the ground being stupid... I was charged as an accessory for that.. but it was expunged from my record. Could that possibly influence it? Sorry if I'm being a nuisance, I'm just concerned.
  • 01-01-2013, 04:33 PM
    cbg
    Re: Pregnant 17 Y/O in Pa
    As you should be. Frankly, if more people would exercise a little self-control and keep it zipped until all parties are over 18, they'd have a lot less to worry about.

    The crystal ball is broken. No one here can say what WILL happen, only what CAN happen.
  • 01-01-2013, 04:44 PM
    Gimmyahand
    Re: Pregnant 17 Y/O in Pa
    lol... Well thank you for your rather shrewd response. You were however helpful.. I'll leave you with this.. Most in my vicinity see us simply as a couple starting out. Others are iffy on the subject.. We are just being cautious about how we do things with the situation. We are hoping for the best, but preparing for the worst.. as with all things in life. Good day, and thank you once again.
  • 01-01-2013, 04:51 PM
    PandorasBox
    Re: Pregnant 17 Y/O in Pa
    While most people see you are starting out...the law may say otherwise.....
  • 01-01-2013, 05:03 PM
    Gimmyahand
    Re: Pregnant 17 Y/O in Pa
    I actually went over the above statues.. unlawful contact with a minor actually doesn't work in our situation.. that deals with photography/video, prostitution, and enticing girls to have sex with others. and Yes pandora, I'm aware of that. However, sometimes, such things seem overbearing and too harsh. Sex in our country is very taboo in certain situations. Sometimes, things happen, and people can make something wonderful from it, and the law gets in the way. If she had been a few months older, there would be no concern. we would simply be a family starting out. A small amount of time making all the difference in the world. While some would argue with this, I simply disagree with it. But if it comes down to it, I suppose it will be up to my peers to decide. thanks again.
  • 01-01-2013, 05:33 PM
    jk
    Re: Pregnant 17 Y/O in Pa
    Quote:

    Quoting Gimmyahand
    View Post
    I actually went over the above statues.. unlawful contact with a minor actually doesn't work in our situation.. that deals with photography/video, prostitution, and enticing girls to have sex with others. and Yes pandora, I'm aware of that. However, sometimes, such things seem overbearing and too harsh. Sex in our country is very taboo in certain situations. Sometimes, things happen, and people can make something wonderful from it, and the law gets in the way. If she had been a few months older, there would be no concern. we would simply be a family starting out. A small amount of time making all the difference in the world. While some would argue with this, I simply disagree with it. But if it comes down to it, I suppose it will be up to my peers to decide. thanks again.

    6301 corruption of a minor absolutely applies

    6318 likely applies due to section 5901


    Quote:

    § 5901. Open lewdness. A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.
    but that is something you can deal with if charged.

    and your peers? Not hardly. They aren't going to let a person that screws minors on the jury.
  • 01-02-2013, 05:14 AM
    Gimmyahand
    Re: Pregnant 17 Y/O in Pa
    jk - I understand your desire to demonize me due to your opinions of what is out of the ordinary, but "§ 5901. Open lewdness. A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed. " This clearly does NOT apply in this situation. The undoing of this statute against me is in the very wording itself.
  • 01-02-2013, 05:46 AM
    PandorasBox
    Re: Pregnant 17 Y/O in Pa
    The best advice we can give you is to get a lawyer. You very well may need one.

    Additionally, the girls medical team will be needing to mention to the authorities that they have a pregnant minor on their hands.
  • 01-02-2013, 01:34 PM
    jk
    Re: Pregnant 17 Y/O in Pa
    Quote:

    Quoting Gimmyahand
    View Post
    jk - I understand your desire to demonize me due to your opinions of what is out of the ordinary, but "§ 5901. Open lewdness. A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed. " This clearly does NOT apply in this situation. The undoing of this statute against me is in the very wording itself.

    I don't know the circumstances of your exposure to the child. It could apply, depending on the circumstances.
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