Can I legally date and have sex with a 17 year old in the state of NY and NJ when I am 25 years old?

UPDATED: Sep 30, 2022

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Can I legally date and have sex with a 17 year old in the state of NY and NJ when I am 25 years old?

The age of consent is different in both
places and somewhat confusing. I have
not done anything with her besides talk
and text. What are the possible risks
and consequences if I were to date or
even have sex before she is 18? And
would there be a difference if we were
to do that in NJ where she lives or
NY where I live?

Asked on September 15, 2016 under Criminal Law, New York


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

Answered 6 years ago | Contributor

In NY, the age of consent is 17. This means that a person who is 17 years of age or older can legally give their consent to engage in sexual relations with anyone who is also over the age of 17. In NJ, however, things are different. The age of consent is 18. Therefore, you run the risk of prosecution for engaing in sexual relations with a 17 year old in that state. You can try to play the geography game but that's simply not advisable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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