What to do if my girlfriend is underage and her father is saying that if we do not break up that when I turn 18 he will have me charged with statutory rape?

I am 17 and she is 15; I’m 2 years and 3 months older. He recently found out we have had a sex. From what I gathered is that under state law, if the defendant is 4 years older than the other party, they can be charged with a Class C felony. He also mentioned that when I turn 18 even hand holding is grounds for arrest. Can I be charged now or when I turn 18? What my risks are, etc.?

Asked on November 7, 2014 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It appears that in your state, you will not be breaking the law if you are intimate with your girlfirend when you turn 18: for there to be a legal violation in NC, not only must one person be older than 18 and the other younger, but they must also be at least four years apart in age. Given how close the two of you are in age, you will not appear to be violating any law.


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