Statutory Rape in Minnesota

[MaddyHxxFtw]

My question involves criminal law for the state of: Minnesota

Hi,
I'm 16 and have recently fooled around with/am thinking about going all the way with this guy, who I just found out is 20. I've read a variety of things on the internet regarding the laws in MN, but I don't understand legal jargon
Please help.
Thanks!
-Maddy

[panther10758]

Minnesota

§ 609. 342 et seq.
First-degree criminal sexual conduct is sexual penetration with a victim under age 13 and an actor more than 36 months older.

Third-degree criminal sexual conduct is sexual penetration with (1) a victim under age 13 and an actor no more than 36 months older or (2) a victim age 13 to 16 and an actor more than 24 months older.
Up to 30 years in prison
Up to 15 years in prison. But under the second part of the crime, if the actor is between 24 and 48 months older, up to five years in prison


I might what does you parents think of this relationship

[Mr. Knowitall]

You're between the ages of 13 and 16 from the time you turn 13 through the time you turn 16. After you turn 16, you're no longer between those ages.

Subdivision 1.

Crime defined. A person who engages in sexual penetration with another person, or in sexual contact with a person under 13 years of age as defined in section 609.341, subdivision 11 , paragraph (c), is guilty of criminal sexual conduct in the first degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(b) the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

* * *

[MaddyHxxFtw]

You're between the ages of 13 and 16 from the time you turn 13 through the time you turn 16. After you turn 16, you're no longer between those ages.

So it would be legal then?

[aardvarc]

We can't tell you that having sex with a 20 year old when you're 16 is legal or not. If you have to ask, it's probably not a good idea. Statutory rape is only one of MANY possible sex crimes that are possible - rape is only one possibility - other charges like lewd conduct, criminal sexual conduct, criminal sexual predatory conduct, solicitation of a minor, and others might apply.

You can read the exact statutes for yourself at

https://www.revisor.leg.state.mn.us/statutes/?id=609

Or consult an attorney, or better yet, have Mr. Wonderful consult an attorney.

And as other posters have pointed out, if your parents disapprove, even if no other criminal charges are applicable, they can still intervene legally by getting a restraining order, even if you object.

[MaddyHxxFtw]

Thanks, everyone, for your advice. I'll keep all of that in mind. My parents actually don't KNOW, so I'm not sure if they approve or not...*blush*
I think I will talk to them, and possibly an attorney, about this situation.
Thanks again.

[aaron]

So it would be legal then?

Read this.

[kist]

Since you seem only half confused I will now explain the concept of strict criminal liability. Or just post a news clip.

The first time is really traumatic believe or not, it's not fun or romantic and you will be sorry you did it, I think. When it IS time you wont have to seek advice you'll "feel the earth move" to quote Hemingway. You'll know and won't regret it.

It's like that one special thing you save to share with the greatest person you've ever met. Does this guy meet that standard?I know you didn't ask for this kind of advice, but most people don't need to ask me.


News Reports
Woman, 30 years for sex with 16 year old
Topic: Porn, Prostitution, and Sexual Freedom
Source: TC Palm
Circuit Judge Dan Vaughn — at the urging of prosecutors — ruled her guilty of having sex with the 16-year-old five times during high school baseball season in 2006. The judge sentenced her to 15 years for each offense. But only two of the terms will be served consecutively, one after the other. The other three will be served at the same time as the others. Before sentencing, Harvey’s son asked the judge for leniency, saying he needed his mother. Her husband, Charles Harvey, wasn’t present because he was sick, Meadows said. Also the victim and his family stayed away “because it was too painful,” said Assistant State Attorney Lynn Sloan. [Ed.: the real pain here is being inflicted by the state on all involved.] (08/28/08)

[cyjeff]

Furthermore, have you thought this out? Making the decision to have sex is making a decision that will effect the rest of your life.

Do you know if your partner has had sex before? Do you know if he has been tested for an STD? Are you willing to bet your life on whether or not he is clean?

If you are too embarrassed to ask him about his sexual health, you have no business being sexually active.

Sexual activity is restricted because of the children that can result. Everytime you have sex, regardless of the contraceptive method used, children can result.

Are you so randy that it is worth becoming a 16 year old mother? How will you support a child? Are you willing to give up all social activity in high school and college to care for a child? Are you willing to work your butt off to obtain the money to support a child?

If you are too embarrassed to ask your parents to help you get contraceptive medications or appliances, you are no where near mature enough for sex.

Not only that, but are you ready for the emotional impact of sex? Are you ready to become that intimate with someone and then risk the fallout?

What if he is one of "those guys" that will then immediately dump you and tell all your friends you were easy?