What is the legality of having consensual sex with someone under the age of 21 after having provided them with alcohol?

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What is the legality of having consensual sex with someone under the age of 21 after having provided them with alcohol?

Does the fact that they are not legally allowed to have been consuming alcohol automatically place them into a category of unable to provide consent even when they did in fact provide consent?

Asked on March 19, 2015 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the fact that they could not legally drink does not automatically negate consent (though, of course, you could face charges or liability related to underage drinking), but IF they consummed enough to impair judgment, and hence consent, if you gave the alcohal, you having done so may be seen as an intentional act to take advantage of them--i.e., basically, that you drugged them. You could face stiffer charges or a more serious penalty.


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