Can a Minor Date an Eighteen-Year-Old
My question involves criminal law for the state of: Pennsylvania
I have known a boy for almost 4 years, dating for almost 2 years. He just turned 18 in July, 2016, and I'm 16 now. He's in Massachusetts while I'm in Pennsylvania. Is this legal? My parents are making us not talk right now sincs "he's too old". But we were dating before he turned 18..
Re: Dating Predicament with Ages
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Zafaria
My question involves criminal law for the state of: Pennsylvania
I have known a boy for almost 4 years, dating for almost 2 years. He just turned 18 in July, 2016, and I'm 16 now. He's in Massachusetts while I'm in Pennsylvania. Is this legal? My parents are making us not talk right now sincs "he's too old". But we were dating before he turned 18..
If your parents don't want you to date him, then you don't date him. It's that simple, they are in charge.
However, its not dating that can be illegal, it's sexual activity that can be illegal.
Re: Dating Predicament with Ages
In Pennsylvania, a 16-year old and an 18-year old would not be subject to criminal charges for consensual sex.
She's going to have bigger issues with her parents.
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flyingron
In Pennsylvania, a 16-year old and an 18-year old would not be subject to criminal charges for consensual sex.
She's going to have bigger issues with her parents.
And in Mass? That's where the young man lives.
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Dogmatique
And in Mass? That's where the young man lives.
That is why I said "can be illegal". I wasn't going to go look up the laws for both states.
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Dogmatique
And in Mass? That's where the young man lives.
Age of consent for sex in Mass is 16. The boyfriend needs to know that each state and DC have their laws for age of consent and he needs to know the law for anyplace he and the girlfriend may wish to engage in any sort of sexual activity, and that includes more than actual intercourse.
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There could also be Federal issues if travel across state lines is involved (maybe even if no sex is involved - especially as the parents are not onboard regarding the relationship) - would have to look up the specific wording of the Federal laws to know for sure.
Best advice is to abide by your parents wishes until you are legally an adult and they are not supporting you. If it is true love, he will still be there in a year or two. If the relationship can't survive the separation, it was likely not meant to be anyway.
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What difference does it make if the parents are consenting? Parents are not allowed to pimp out their kids for immoral purposes either.
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PTPD22
There could also be Federal issues if travel across state lines is involved (maybe even if no sex is involved - especially as the parents are not onboard regarding the relationship) - would have to look up the specific wording of the Federal laws to know for sure.
I don’t see a federal law issue here. The federal Mann Act (18 U.S.C. §§ 2421-2423) makes it a federal offense to transport any person (whether a minor or not) across state lines for the purpose of prostitution or to engage in sexual activity that is illegal. The penalties are more serious, though, if the person transported is a minor. The actual crime is the transportation of the person, not the sexual activity itself. Since the OP meets the age of consent in both PA and MA, even if the OP’s boyfriend were to transport her to MA for the purpose of engaging in sex with her that would not violate the Mann Act since the sexual activity to be engaged in is not illegal in MA (assuming the OP consented, of course).
If he were to transport her to a state where it would be statutory rape to have sex with her, i.e. where the age of consent is higher than 16 and that does not have a “Romeo and Juliet” exception, then potentially the Mann Act would be an issue. Frankly, though, even then I don’t see any federal prosecutor being eager to prosecute a Mann Act violation for a situation where an 18 year-old boyfriend simply wants to spend time with (and have sex with) his 16 year-old girlfriend, especially when that would not violate the law in either of their home states. I think it would be a tough sell to a jury to convict for that. He’d have more to worry about with a possible statutory rape charge in the state where the sex took place than a Mann Act prosecution. The Mann Act is meant to target more serious situations, like human trafficking for sex, prostitution rings, etc. Those are the kinds of things that would whet the interest of a federal prosecutor in pursuing a Mann Act charge.
Re: Dating Predicament with Ages
The bottom line here, though, is that it doesn't matter a whit what laws are or are not in play. She is a minor. If her parents say no, it's no. End of story.