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What is the punishment for two 16 year olds having sex in New York?

Criminal Law Discussion Forum

What is the punishment for two 16 year olds having sex in New York?

Postby victorio83 » Mon Oct 31, 2011 12:09 am

The only minimum age for a perpetrator of first degree rape/criminal sexual act with a victim under 11 (NY Penal Law §§ 130.35[3] & 130.35[3]), sexual abuse in the first and second degrees (NY Penal Law §§ 130.65[3] & 130.60[2]), and misdemeanor Sexual misconduct (NY Penal Law § 130.20) is provided by the defense of infancy found at NY Penal Law § 30.00(1). That age is 16 years old. Someone under that age may be adjudicated a juvenile delinquent, but may not commit these crimes. On the other hand, someone who is 16 years old commits a crime by voluntarily having sex with anyone who cannot themselves legally consent to sex, including another 16-year-old, even if this "victim" is actually older. (People v. Bowman, 88 Misc. 2d 50; 387 N.Y.S.2d 982 [City Crim. Ct. 1976]; Matter of Jessie C., 164 A.D.2d 731; 565 N.Y.S.2d 941 [4 Dept., 1991].) In effect, mutual crimes are committed when two unmarried 16-year-old individuals voluntarily have sex with each other in New York State, each being the "victim" of the other.
http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#New_York
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What is the punishment for two 16 year olds having sex in New York?

Postby joachim » Mon Oct 31, 2011 12:16 am

Nothing will happen. The laws of consent are designed to protect children from preying adults. As you are both 16 neither one of you will be charged, unless the parents of the female request a private prosecution (very improbable).
Just enjoy yourselves and wear a condom.
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What is the punishment for two 16 year olds having sex in New York?

Postby bellden » Mon Oct 31, 2011 12:22 am

A baby.
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