Would my sexual relationship be legal?

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Would my sexual relationship be legal?

I am an 18 year old dating a 16 year old. We are both consenting parties and have not engaged in unlawful activity (e.g. underage recordings). I would like to know if having a sexual relationship with our ages would present any legal problems. We live in NY.

Asked on November 20, 2017 under Criminal Law, New York

Answers:

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

Answered 3 years ago | Contributor

The NY "Age of Consent" is 17 years of age. This is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Therefore, in NY, a person aged 16 or younger is not legally able to consent to sexual activity. Accordingly, such activity may result in prosecution for statutory rape. Further, unlike some other states, NY does not have what are known as "Romeo and Juliet" laws, that is it does not have a close in age exemption that prevents the prosecution of individuals who engage in consensual sexual activity when the participants are close in age to one another and 1 or both partners are below the ge of consent.

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

Answered 3 years ago | Contributor

The NY "Age of Consent" is 17 years of age. This is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Therefore, in NY, a person aged 16 or younger is not legally able to consent to sexual activity. Accordingly, such activity may result in prosecution for statutory rape. Further, unlike some other states, NY does not have what are known as "Romeo and Juliet" laws, that is it does not have a close in age exemption that prevents the prosecution of individuals who engage in consensual sexual activity when the participants are close in age to one another and 1 or both partners are below the ge of consent.


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