Can a 19-year-old girl legally have sex with a 16-year-old boy?

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Can a 19-year-old girl legally have sex with a 16-year-old boy?

I just turned 19 and he is almost 17; in SC.

Asked on August 18, 2010 under Criminal Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The age of consent in SC is 16. The "age of consent" means the age that a person must be to legally give consent to have sexual relations (as those relations are defined by state statute).  To have sex with someone under that age, whether or not the person agrees, is a criminal offense. Based on the ages given, your actions should be within the law as far as any sexual abuse charges.  However, there may be laws regarding contributing to the delinquency of a minor that may may or may not apply. Bottom line - it never hurts to wait.


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