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What If A 17 Year Old Gets Pregnant By A 24 Year Old Guy In Another State?

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  • 04-27-2008, 12:30 PM
    bubbly456
    What If A 17 Year Old Gets Pregnant By A 24 Year Old Guy In Another State?
    A 17 year old girl lives in Virginia and travels to North Carolina and has sex with a 24 year old man who comes to North Carolina, but who really lives in Georgia. She finds out she's pregnant. My question is can the man face any criminal charges? :confused: I researched and found out that age of consent is 18 in Virginia, and 16 for both North Carolina and Georgia.
  • 04-27-2008, 12:43 PM
    panther10758
    Re: Can A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    There are other more serious issue of interstate travel for the purpose of sex with minor. These would be Federal charges
  • 04-27-2008, 01:12 PM
    jk
    Re: Can A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    unless she rode with the guy, I don't think the Mann act would be applicable.

    but to answer the original quesion:

    Quote:

    Can A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    yes but either he is really well endowed or they are each on their own side of a state line and very close to that state line but I'm not sure about that because in truth, he, or at least part of him, would be in the same state as she, so, upon further thought, no, it is impossible.

    Quote:

    A 17 year old girl lives in Virginia and travels to North Carolina and has sex with a 24 year old man who comes to North Carolina, but who really lives in Georgia. She finds out she's pregnant. My question is can the man face any criminal charges? http://www.expertlaw.com/forums/imag...s/confused.gif I researched and found out that age of consent is 18 in Virginia, and 16 for both North Carolina and Georgia.
    I doubt there would be any charges for the actual sexual liason die to the age limitations in each state BUT depending upon what Virginia laws are regarding enticing a minor or such, I could see possible charges in Virginia for his discussions with the girl while she was in Virginia.


    btw: you have your ages wrong
  • 04-27-2008, 03:10 PM
    cbg
    Re: Can A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    I'm not so sure the Mann Act wouldn't apply as long as she crossed state lines for the purpose of a sexual liason.
  • 04-27-2008, 04:13 PM
    BOR
    Re: Can A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    Quote:

    Quoting bubbly456
    View Post
    A 17 year old girl lives in Virginia and travels to North Carolina and has sex with a 24 year old man who comes to North Carolina, but who really lives in Georgia. She finds out she's pregnant. My question is can the man face any criminal charges? :confused: I researched and found out that age of consent is 18 in Virginia, and 16 for both North Carolina and Georgia.


    Irrespective of the Mann act, you are gambling on the state "choice/conflict of laws" doctrine, and trying to justify as long as the AOC was legal in one or either of the HOME states, it is legal in the non home state. This argument is fatally defective.

    The state in which the act took place has proper jurisdiction.
  • 04-27-2008, 05:04 PM
    jk
    Re: Can A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    a quick read of the states statutes, this was not illegal in any of the states.

    and to the mann act:


    § 2421. Transportation generally



    Quote:

    Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.
    the literal word requires transporting the person. I did not research anything concerning case law that may define a sitatuation where the person did not physically transport the other person.

    these are the only statutes I could find in Verginny that would be applicable:

    Quote:

    § 18.2-344. Fornication.
    Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor.
    Quote:

    § 18.2-345. Lewd and lascivious cohabitation.
    If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor; and upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.
    Quote:

    § 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.
    Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, 18.2-66, and 18.2-347.
    I would think both of the first 2 would not stand up under a challenge of the constitutionality of them. The last one seems to be the only one (to me) that would actually be prosecuatable and not able to be challenged. BUT since the act did not take place in Virginia, Virginia's statutes would not apply.
  • 04-28-2008, 07:06 AM
    cyjeff
    Re: What If A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    What about their communication to entice the minor for sex?
  • 04-28-2008, 07:08 AM
    cyjeff
    Re: What If A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    Wait a minute.

    No where did it say the sex was planned.

    Did the actors know each other prior to the act?
  • 05-03-2008, 07:09 PM
    usedbranflakes
    Re: What If A 17 Year Old Get Pregnant By A 24 Year Old Guy In Another State?
    So can the minor get in trouble for transporting herself for the purpose of a sexual liason.
    *grin*

    ...and now we know why the Canes won the Stanley Cup. Apparently the folks in NC know how to slip one past the goalie!
    *grin*
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