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Generally speaking, an 18-year-old can date a 16-year-old provided that the relationship is not sexual. If the relationship becomes sexual, then it could be illegal depending on the state. This is because each state has its own age of consent rules and Romeo and Juliet laws, and both can have an impact on the legality of the relationship.
Note that states do not impose laws regarding the people that you can date. However, there are laws when it comes to who you can have sex with.
If a state does make it illegal to have sex with a minor, the crime is generally known as statutory rape.
1. Can a 16-year-old date an adult child?
It is generally legal for a minor to be in a non-sexual dating relationship with an adult child. This includes the minor dating an 18-year-old, 19-year-old, 20-year-old, 21-year-old, etc.
Though note that just because it is not unlawful to date someone underagedoes not mean that anything and everything in the relationship is legal. Some non-sexual conduct in the relationship may still be against the law.
For example, a person dating a minor will likely still have to take precautions to avoid violating such laws as:
- providing alcohol to a minor,
- solicitation of a minor, and
- loitering on school grounds.
2. Is it illegal to have sexual relations with a minor?
It can be. The specific answer to the question depends on a state’s age of consent laws and Romeo and Juliet laws.
Note as well that states define sexual activity or sexual contact differently. The precise definition of these terms could also impact the answer to the question.
If a state does make it illegal to have sex with a person underage, the sex act is considered a violation of statutory rape laws. Depending on the facts of the case and the state laws of the jurisdiction bringing the charges, statutory rape charges can get filed as either a misdemeanor or a felony.
3. What is the age of consent?
Theage of consentis the minimum age someone has to bein order tolegally consent to engage in sexual conduct. Whenever one person engages in sexual conduct with someone else who is under the age of consent, it is a sex crime.
Most states say that the age of consent is either:
- 18 years of age,
- 17 years of age, or
- 16 years of age.
For example, an 18-year-old is considered to be the age of consent in the following states:
- Arizona,1
- California,2 and
- Florida.3
A 17-year-oldis of the age of consent in the following states:
- Colorado,4
- Illinois,5 and
- New York.6
A 16-year-oldis of the age of consent in the following states:
- Hawaii,7
- Idaho,8 and
- Montana.9
Because the age of consent varies by state, permissible sexual relations in one state can lead to criminal charges in another. The age of the couple always matters.
4. What are Romeo and Juliet laws?
Romeo and Juliet laws provide a close-in-age exception to statutory rape charges.
In other words, a person over the age of 18 is not guilty of a crime for having sexual relations with a minor if there is a small age difference between the two people.
Consider, for example, the law in Texas. The state’s Romeo and Juliet law states that a minor can legally consent to sexual intercourse if:
- he or she is a 14-year-old, 15-year-old, or 16-year-old,
- the other consenting sexual partner is within a 3-year age gap of the person, and
- the sexual partner is at least 14 years old.10
Many other states have similar criminal laws. But note that they can vary.
For example, some states may only require the partners to be within 5 years of each other. Further, some states do not have Romeo and Juliet laws in place.
California, for instance, does not have such a law. Anyone who has sexual intercourse, or a sexual relationship, with someone else under the legal age of consent can be charged with a crime. The only exception is if the sexual partners were lawfully married.
Note that Romeo and Juliet laws aim to protect high school sweethearts who have sexual relations from a serious sexual assault conviction.
5. Does a state’s definition of “sexual conduct” matter?
It can, yes. Different states define sexual conduct differently. This means what could be permissible sexual contact in one state might amount to a sex crime in another.
Consider, for instance, Nevada law. The state says that it is illegal to have “penetrative sex” with a minor. Penetrative sex comprises any of the following sex acts:
- ordinary sexual intercourse (vagin*l intercourse),
- anal intercourse,
- cunniling*s,
- fellati*, or
- penetration with fingers or objects.11
Other states may prohibit more or less acts. A result is that the specific sexual conduct that takes place in a case may dictate whether someone commits a crime.
Legal References:
- Arizona Revised Statute 13-1405.
- California Penal Code 261.5 PC.
- Florida Statute 794.011.
- Colorado Revised Statute 18-3-402.
- 720 Illinois Compiled Statutes 5/10-8.
- New York Penal Law 130.25.
- Hawaii Revised Statutes 707-730(1)(c).
- Idaho Code Annotated 18-1506.
- Montana Code 45-5-501(1)(b)(iv).
- Texas Penal Code 22.011(e)(2).
- Nevada Revised Statutes 200.364.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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