Is it illegal to date a minor? A defense lawyer explains (2024)

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Is it illegal to date a minor? A defense lawyer explains (1)

As long as the relationship is not sexual, it is generally not illegal merely to date a minor. If the relationship is sexualor involves any sexual contact, the ages of the parties will matter. So will where they live, as each state has

  • its own age of consent law,
  • its own “Romeo and Juliet” law, and
  • its own definition of sexual conduct.

Is it illegal to be in a non-sexual relationship with a minor?

No, it is generally not illegal to simply be in a non-sexual relationship with a minor.

However, just because it is not illegal to date someone underage does not mean that everything in the relationship is permissible. Some non-sexual conduct that is common in dating relationships may still be illegal. For example, in California, someone who dates a minor will still have to take precautions to avoid breaking the following laws:

  • providing alcohol to a minor (Business and Professions Code 25658 BPC),
  • lewd acts with a minor (Penal Code 288 PC),
  • loitering on school grounds (Penal Code 653b PC),
  • solicitation of a minor (Penal Code 288.4 PC),
  • annoying or molesting a child (Penal Code 647.6 PC),
  • child p*rnography (Penal Code 311 PC), and
  • lewdness in the presence of a child (Penal Code 273g PC).

Many of these laws can be broken without any physical sexual conduct, at all.

What is sexual conduct?

Different states define sexual conduct differently. Small details matter. Some states do not even call it “sexual conduct.” Other phrases include:

  • sexual intercourse,
  • sexual acts,
  • carnal knowledge,
  • sexual contact, or
  • acts of penetration.

In California, the phrase is “sexual intercourse.” It covers sexual activity involving the penetration of the vagin* or genitalia by the penis, even if there was no ejacul*tion.1 The degree of penetration also does not matter.2 If there was any penetration, at all, it is sexual intercourse.

Texas, on the other hand, uses phrases like “sexual contact” and “acts of penetration.” There, it is illegal to intentionally or knowingly cause the:

  • penetration of the anus or sexual organ of a minor,
  • penetration of a minor’s mouth by the actor’s sexual organ,
  • minor’s sexual organ to contact or to penetrate someone else’s mouth, anus, or sexual organ,
  • minor’s anus to contact someone else’s mouth, anus, or sexual organ, or
  • minor’s mouth to contact someone else’s anus or sexual organ.3

Is it illegal to be in a sexual relationship with a minor?

If a dating relationship with a minor involves sexual conduct, it can be illegal. The ages of the couple and the state’s age of consent will determine whether it is a crime, or not. If it is, the offense is generally statutory rape.

However, many states have a close-in-age exception. Also known as a Romeo and Juliet law, it allows couples who are close in age to have consensual sex without being liable for statutory rape.

What is the age of consent?

The age of consent is how old someone has to be in order to legally 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.

In the following states, the legal age of consent is 18 years old:

  • Arizona,4
  • California,5
  • Florida,6
  • Oregon,7 and
  • Virginia.8

The age of consent is 17 years old in the following states:

  • Colorado,9
  • Illinois,10
  • New York,11
  • Texas,12 and
  • Wyoming.13

However, it is 16 years old in the following states:

  • Hawaii,14
  • Idaho,15
  • Montana,16
  • Nevada,17
  • New Mexico,18 and
  • Washington.19

Because the age of consent varies by state, permissible conduct in one state can be a crime in another. The age of the couple matters, a lot.

For example: Andrea is an 18-year-old dating Tom, a 17-year-old. They live in Colorado and can legally have sexual intercourse, there. They then visit friends in California and have intercourse. Andrea could be charged with statutory rape because Tom is under the state’s age of consent.

What is a Romeo and Juliet law?

Romeo and Juliet laws provide a close-in-age exception to statutory rape charges. This is a legal defense to an allegation of a serious sex crime. The defense is that, while it is true that one sexual partner was under the age of consent, the other partner did not commit a crime because he or she was so close in age. These laws protect high school sweethearts who have sexual relations from a serious sexual assault conviction.

Texas is one state that has a Romeo and Juliet law. It says that a minor can legally consent to sexual contact or penetration if:

  • he or she is a 14-year-old, 15-year-old, or 16-year-old,
  • the other, consenting sexual partner is within 3 years of his or her age, and
  • the sexual partner is at least 14 years old.20

For example: Before moving to Colorado, Andrea and Tom lived in Texas. There, Andrea, then 18, had sexual intercourse with Tom, then a 16-year-old. Texas’ Romeo and Juliet law would protect Andrea from statutory rape charges.

Many other states have similar criminal laws. However, the details tend to vary. Some states may only require the partners to be within 5 years of each other. Others may have minimum ages that require both partners to be at least 16.

California, however, does not have a Romeo and Juliet law. Anyone who has sexual intercourse with someone else under the age of consent can be charged with a crime. The only exception is if the sexual partners were lawfully married.

What are the penalties for statutory rape?

Statutory rape is a severe sex crime. States tend to punish convictions with steep fines and significant prison sentences, as well as other consequences.

In California, statutory rape is a wobbler. Prosecutors can choose whether to pursue misdemeanor or felony charges. If pursued as a felony, convictions carry:

  • 16 months, 2 years, or 3 years in prison,
  • up to $10,000 in fines, and/or
  • felony probation.21

If one sexual partner was under 16 and the other was 21 or older, though, the range of prison sentences increases to 2, 3, or 4 years.22

Additionally, defendants who are at least 18 years of age can face civil penalties for merely being charged with statutory rape. These fines depend on the ages of the parties. They are:

  • $2,000, if the younger partner was less than 2 years younger than the defendant,
  • $5,000, if the age difference was at least 2 years,
  • $10,000, if the age difference was at least 3 years, and
  • $25,000, if the underage partner was under 16 years old, and the older partner was at least 21 years old.23

Other states have statutory rape laws that carry even higher penalties. In Texas, for example, statutory rape is a felony in the second degree. Convictions carry:

  • 2 to 20 years in prison, and/or
  • up to $10,000 in fines.24

In nearly all states, convictions will require the defendant to register as a sex offender.

With such high penalties of a conviction, defendants should strongly consider establishing an attorney-client relationship with a criminal defense attorney. With the legal help of a lawyer from a reputable law firm, defendants and young adults can avoid a conviction for a serious sexual offense.

Please see our related page on whether an 18-year-old can date a 16-year-old.

Legal References:

  1. California Criminal Jury Instructions (CALCRIM) No. 1072.
  2. People v. Karsai, 131 Cal.App.3d 224 (1982).
  3. Texas Penal Code 22.011(a)(2).
  4. Arizona Revised Statute 13-1405.
  5. California Penal Code 261.5 PC.
  6. Florida Statute 794.011.
  7. Oregon Revised Statute 163.315(1)(a).
  8. Virginia Code 18.2-371(ii).
  9. Colorado Revised Statutes 18-3-402.
  10. 720 Illinois Compiled Statutes 5/10-8.
  11. New York Penal Code 130.25.
  12. Texas Penal Code 22.011(c)(1).
  13. Wyoming Statute 6-2-317.
  14. Hawaii Revised Statutes 707-730(1)(c).
  15. Idaho Code Annotated 18-1506.
  16. Montana Code 45-5-501(1)(b)(iv).
  17. Nevada Revised Statutes 200.364(6)(a).
  18. New Mexico Statute 30-9-11(E)(1).
  19. Washington Revised Code 9A.44.079(1).
  20. Texas Penal Code 22.011(e)(2).
  21. California Penal Code 261.5 and 672 PC.
  22. California Penal Code 261.5(d) PC.
  23. California Penal Code 261.5(e) PC.
  24. Texas Penal Code 22.011(f).

About the Author

Is it illegal to date a minor? A defense lawyer explains (2)

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.

Is it illegal to date a minor? A defense lawyer explains (2024)

FAQs

Is it a crime to flirt with a minor? ›

While it is most often charged as a misdemeanor offense, solicitation of a minor for lewd purposes is a wobbler offense in California, which means that it can be charged as either a misdemeanor or a felony, depending on the circ*mstances of the case.

What is it called when you date a minor? ›

Statutory rape refers to sexual activity involving an adult and a child below the "age of consent." Minors cannot legally consent to have sex with adults, so any form of sexual activity involving an adult and a minor violates the law. This is true even in situations that otherwise seem like the minor agreed to the act.

What is the oldest a 13 year old can date? ›

Close in age exceptions

A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.

Can a 14 year old date a 18 year old? ›

It is not illegal as long as there are no sexual actions. Be very careful. If you really love each other and it's meant to be, it will work itself out.

Is it legal to flirt with a 16 year old? ›

Flirting is OK because it can be between two classmates who are both doing the flirting, and no one is being disrespected. But it's not OK for adults to flirt with kids — in fact, it's illegal.

Can you get in trouble for flirting with a 17 year old? ›

No, it is generally not illegal to simply be in a non-sexual relationship with a minor. However, just because it is not illegal to date someone underage does not mean that everything in the relationship is permissible. Some non-sexual conduct that is common in dating relationships may still be illegal.

Is a 20 year old dating a 17 wrong? ›

The 20-year-old will not get in trouble for dating the 17-year-old. But, if the relationship turns sexual, then the 20-year-old can get charged with sex crimes like: sexual assault. statutory rape charges.

Can an 18 year old date a 22 year old? ›

Legally, there is nothing wrong with pursuing a romantic or sexual relationship since, in all states, 18 is considered an age of consent, and both parties involved are considered adults. Socially, there are some taboos with the age difference. (One has more experience in adulthood than the other.)

Can an 18 year old date a 23 year old? ›

You are both adults. As long as each of you respects the other person there is no reason you cannot become involved in a dating relationship. The age difference that might make you a little uncomfortable now will lessen over time.

What age gap is too big? ›

A relationship age gap bigger than 10 years often comes with its own set of issues. “While there are always exceptions to rules, a good rule to remember is that dating someone more than 10 years older will present challenges now or later that add to the preexisting challenges any relationship has,” he says.

How much of an age gap is OK? ›

In short, research seems to indicate that in many cultures, an age gap of 1 to 3 years is considered ideal — but some researchers suggest even a relationship with an age gap of less than 10 years will bring more satisfaction.

What is the right age to kiss? ›

Interestingly, this is largely agreed upon across generations. No need to wait for the official first date to get a little face time, however. Americans agree kids are ready for their first kiss at age 15 (15.1 on average), while on average, they had theirs at age 14.5.

Is 4 years a big age gap? ›

Medium gap (two to four years)

You'll be (mostly) up-to-date with your knowledge about all things baby-related. You can save cash by re-using the baby equipment your first child doesn't need any more. It's the most common age gap so your mum friends are likely to have second children at a similar time too.

Is it illegal for a 19 to date a 13? ›

California does not set a minimum age for someone to date within the state legally. However, if an adult has sexual relations with a minor, the adult can be charged with statutory rape.

What's the youngest a 18 can date? ›

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.

Is 18 and 15 grooming? ›

What Is the Meaning of Child Grooming? Adults who build stable and trusting relationships with a child under 18 for the purpose of sexually assaulting the minor are considered groomers. As such, you could face state and federal charges for child grooming if the alleged victim is under 15.

Is 17 and 18 considered grooming? ›

Grooming is when someone builds a relationship, trust and emotional connection with a child or young person so they can manipulate, exploit and abuse them. Children and young people who are groomed can be sexually abused, exploited or trafficked. Anybody can be a groomer, no matter their age, gender or race.

What is the youngest a 16 year old can date legally? ›

There aren't any laws around being in a non-sexual relationship where one person is under 18 and the other over. Once you turn 16 it's not illegal for someone to have sex with you no matter how old they are.

Is it OK for a 19 to date a 17? ›

A person under the age of 18 years cannot legally consent to sexual intercourse. The age of consent is the same for both males and females. Therefore, if you are 19 years old and have sex with a 17-year-old, you could be arrested for a sex crime. In most cases, the crime would be statutory rape.

What do I do if a minor is flirting with me? ›

If any of these are happening, you need to tell the teen that it has to stop. Say it in a kind way to avoid making him or her feel embarrassed. If it does not stop, contact the teen's parents and come up with a plan to address the behavior. Ignore the first flirting.

Is dating a 17 year old when your 21 illegal? ›

Yes, so long as the relationship is not sexual. If they have sexual intercourse, the 21-year-old can face criminal charges for statutory rape if they are not married. The penalties for statutory rape carry up to 3 years in jail.

Is 17 and 20 an okay age gap? ›

At the same time, a 20-year-old is an adult, so it is crucial to be mindful about not violating laws regarding children. A 20-year-old should not be in a relationship with a 17-year-old. While a three-year gap isn't, in itself, absolutely good or bad, even small age differences can be significant for younger people.

Is dating at 17 and 18 OK? ›

This is because the age of consent is 16. Therefore, an 18-year-old (or someone older) can legally date and have sexual relations with a person who is 17. Of course, if the act was not consensual, it would be illegal.

Is 17 and 21 a big age gap? ›

17 to 21 is roughly 81%, therefore it's not quite a big age gap though it's close to significant though not quite by this standard. A comparison is roughly equivalent to the difference between 21 and 26.

What is the dating age gap? ›

"Half-your-age-plus-seven" rule

An often-asserted rule of thumb to determine whether an age difference is socially acceptable holds that a person should never date someone whose age is less than half their own plus seven years.

What is half your age plus seven rule? ›

The rule suggests the younger person in a relationship should be older than half the older person's age plus seven years in order for the relationship to be socially acceptable.

Is 15 and 17 grooming? ›

Absolutely you can be groomed at this or any age. Primarily the younger are the more vulnerable, and usually are more naive and or gullible (I think the term pliable sounds better) which would make one more susceptible to grooming.

Is 15 years a big age gap? ›

An age gap of 10 years or more is considered a big difference. When one person has a decade more life experience than their partner, the couple might be incompatible. You're likely to have different circles of friends, different interests, and different life goals.

Is 6 years a big age gap? ›

Couples with an age gap of 1 to 3 years (with the man older than the woman) were the most common and had the greatest levels of satisfaction. Relationship satisfaction decreased slightly for couples with age gaps of 4 to 6 years and continued to decrease for couples with an age gap of 7 or more years.

Is 16 and 18 a bad age gap? ›

A 16-year-old dating an 18-year-old is not a big age difference. It's only 2 years apart in age and a 16-year-old isn't a child equivalent to a 5-year-old, and an 18-year-old isn't an adult equivalent to a middle-aged man. They're both developmentally adolescents in high school.

What is the creepiness rule? ›

The “creepiness rule” states that the youngest you should date is “half your age plus seven.” The less commonly used corollary is that the oldest you should date is “subtract seven from your age and double it.”

What is the smallest age gap? ›

Nine to 10 months age gap is obviously the smallest gap you can have, and can be quite tough but rewarding at the same time. The children are so close in age they will learn a lot about the world together.

Is 19 and 23 weird? ›

That age difference is not much, and you shouldn't feel awkward or wrong in any way. There are couples with much larger age gaps, cultural and religious differences so yours is pretty normal. If a girl is legally old enough to have sex and she is mutually and happily with you, you have nothing to worry about!

At what age does age gap not matter? ›

Studies have found partners with more than a ten-year gap in age experience social disapproval. But when it comes to our own relationships, both men and women prefer someone their own age, but are open to someone 10-15 years their junior or senior.

Which kiss is best for first kiss? ›

Peck. The peck is a simple, light touch of the lips. The lips might be closed and slightly puckered or pursed, or they might be looser. This is generally what people aim for with their first kiss because it's intimate without being overly sensual.

How does a girl feel after kissing? ›

Along with the oxytocin and dopamine that make you feel affection and euphoria, kissing releases serotonin — another feel-good chemical. It also lowers cortisol levels so you feel more relaxed, making for a good time all around.

Does first kiss matter? ›

New research shows how your personality is reflected in your first kiss. The first kiss is a landmark event in the lives of most individuals. You probably remember where you were at the time, who your partner was, and who initiated that all-important first expression of sexuality and affection.

Is flirting with a minor online illegal? ›

Talking to a minor on the internet isn't inherently illegal. It all comes down to your purpose for contacting the other person. Suggestive language or requests that are sexual in nature can result in being charged with a sex crime.

What to do if a minor flirts with you? ›

If any of these are happening, you need to tell the teen that it has to stop. Say it in a kind way to avoid making him or her feel embarrassed. If it does not stop, contact the teen's parents and come up with a plan to address the behavior. Ignore the first flirting.

Is it illegal to flirt with a 14 year old? ›

Flirting — merely flirting, which is subjective though too — isn't illegal on any level. What I mean by merely flirting, is that you can't “flirt” to the level of sexually harassing anyone of any age. That level of “flirting” from one's subjective POV, is illegal regardless of age.

Is it illegal to fantasize about minors? ›

Having a fantasy is not illegal. But many adults who sexually abused a child have told us that they started out having sexual fantasies about children.

What if a minor lies about their age? ›

Is lying about your age illegal? Generally, lying about your age when signing up for a social media account online is not illegal. As a result, a minor who does so is unlikely to face any criminal charges.

Is it weird for a 20 year old to date a 17 year old? ›

It's not very weird. Less 'weird' than a senior dating a freshman in high school — which always exists to a small degree. The older the parties are, the greater the age difference can be without any concerns on the subject.

Is it illegal to talk about NSFW with a minor? ›

Obscenity Law and Minors

Federal law strictly prohibits the distribution of obscene matter to minors. Any transfer or attempt to transfer such material to a minor under the age of 16, including over the Internet, is punishable under federal law.

What happens if a 18 year old kisses a minor? ›

Consequences of a Penal Code 647.6 PC Conviction

111his offense, with few exceptions, is a misdemeanor punishable by up to one year in county jail, a fine not exceeding $5,000, or by both. Each subsequent conviction under this section is punishable as a felony.

Can you have a romantic relationship with a minor? ›

California does not set a minimum age for someone to date within the state legally. However, if an adult has sexual relations with a minor, the adult can be charged with statutory rape.

Can a minor have a crush? ›

First crushes may occur at any time, but generally start at around 10-13 years of age. They are an important step in developing normal and healthy romantic relationships, and provide opportunities to learn how to compromise and communicate.

What is inappropriate for minors? ›

Inappropriate content includes information or images that upset your child, material that's directed at adults, inaccurate information or information that might lead or tempt your child into unlawful or dangerous behaviour. This could be: p*rnographic material. Content containing swearing.

What is a minor-attracted person called? ›

Noun. minor-attracted person (plural minor-attracted persons or minor-attracted people) (euphemistic, nonstandard) A pedophile (including nepiophiles), hebephile, or ephebophile.

What is a minor-attracted person? ›

Coined by B4U-ACT (www.b4uact.org), the term minor-attracted person (MAP) refers to individuals with sexual attraction to individuals who are minors or below the legal age of consent.

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