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  1. #1
    Join Date
    Aug 2020
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    Default Talking to a Minor Online

    My question involves criminal law for the state of: NY and Canada

    Iím a 26 year old male that lives in NY near the border of Canada. I started talking to a 16 year female online. I see the age of consent in canada is 16. Would I face any legal consequences from just chatting online or meeting her if I traveled to Canada to meet her?

  2. #2
    Join Date
    Jul 2010
    Posts
    7,947

    Default Re: Talking to a Minor Online

    The age of consent is not an issue as you shouldn't be getting sexual with a 16 year old.

    If you were to do so, you would a. be a creep and b. be in violation of federal law for even going there intending to get sexual with a minor. Would you be charged? Hard to say. Wanna risk it?

    Find someone your own age. It's safer and more favorably viewed.
    I am the Mouse Man

  3. #3
    Join Date
    Mar 2013
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    18,177

    Default Re: Talking to a Minor Online

    Quote Quoting Ethan4794
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    My question involves criminal law for the state of: NY and Canada

    I’m a 26 year old male that lives in NY near the border of Canada. I started talking to a 16 year female online. I see the age of consent in canada is 16. Would I face any legal consequences from just chatting online or meeting her if I traveled to Canada to meet her?
    Hardly a week goes by that we don't get a post just like this from some moron chatting up a minor online and wondering if he'll get in trouble for it.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,496

    Default Re: Talking to a Minor Online

    A 26 year old who is finding emotional, intellectual or mental companionship with a 16 year old needs more help than a message board can provide.

    The border is closed, sport. Find a girl your own age and in your own country to diddle with. If you can.

  5. #5
    Join Date
    Jan 2016
    Posts
    467

    Default Re: Talking to a Minor Online

    I predict he'll be back here soon with a tale of how he exchanged nudes with the child and now her parents are threatening to go to the police unless he pays up.

  6. #6
    Join Date
    Jul 2018
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    2,620

    Default Re: Talking to a Minor Online

    Quote Quoting Ethan4794
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    I started talking to a 16 year female online.
    Why? Talking to her about what?


    Quote Quoting Ethan4794
    View Post
    I see the age of consent in canada is 16.
    I assume you understand that "age of consent" refers to statutory rape laws and is the age at which a person may legally consent to sexual activity. Correct?


    Quote Quoting Ethan4794
    View Post
    Would I face any legal consequences from just chatting online or meeting her if I traveled to Canada to meet her?
    Rather obviously, it depends on what happens when you chat and if/when you meet. Beyond that, as far as I know, a 16 year old is a minor in Canada and is subject to the control of her parents.

    Quote Quoting free9man
    View Post
    If you were to do so, you would . . . be in violation of federal law for even going there intending to get sexual with a minor.
    Ummm...no.

    There is no federal law that criminalizes this. Even if the sex actually occurred, it wouldn't violate 18 U.S.C. section 2243 because the girl is 16.

  7. #7
    Join Date
    Jul 2010
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    7,947

    Default Re: Talking to a Minor Online

    Quote Quoting pg1067
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    Ummm...no.

    There is no federal law that criminalizes this. Even if the sex actually occurred, it wouldn't violate 18 U.S.C. section 2243 because the girl is 16.
    Then could you please explain what I'm misreading on the following site regarding the PROTECT act, put up by the United States government who I assume knows what they are talking about?

    https://travel.state.gov/content/tra...st-minors.html

    Is it because she is at/over the age of consent in that country?
    I am the Mouse Man

  8. #8
    Join Date
    Jul 2018
    Posts
    2,620

    Default Re: Talking to a Minor Online

    Quote Quoting free9man
    View Post
    Then could you please explain what I'm misreading on the following site regarding the PROTECT act, put up by the United States government who I assume knows what they are talking about?

    https://travel.state.gov/content/tra...st-minors.html

    Is it because she is at/over the age of consent in that country?
    I don't think you're misreading it, but I'm not sure that what appears at the State Department's website is an accurate description of the law. It appears to be a reference to section 2422 of Title 18 of the U.S. Code, which states as follows: "Whoever, using the mail or any facility or means of interstate or foreign commerce, . . . knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or 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 and imprisoned not less than 10 years or for life." Section 2427 says that "any sexual activity for which any person can be charged" "includes the production of child pornography," but it does not otherwise define that term. I would want to do case research before drawing any conclusions, but I would be inclined to think that, because the Canadian girl is over the age of consent, this would not apply, and the State Department's blanket statement isn't accurate. I also don't believe that travelling with the intent would be a crime if the sex doesn't actually happen.

    Like everyone else, I have to wonder why the OP wants to bang a person who was in diapers when he was going through puberty, but I'm trying to stick to the legal issue.

  9. #9
    Join Date
    Oct 2016
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    4,243

    Default Re: Talking to a Minor Online

    Does "any sexual activity for which any person can be charged" have to be a crime that would be chargeable in the US? Let's say having sex with a 16 year old is legal in state A but one goes to country, after first seducing the 16 year old via the phone or internet, where it is illegal to have sex with a 16 year old.

    Or the reverse?

    Can they be charged under that law in the US?

  10. #10
    Join Date
    Jul 2018
    Posts
    2,620

    Default Re: Talking to a Minor Online

    All good questions that might be answered by some case research.

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