Atlanta, GA asked in Federal Crimes and Criminal Law for Utah

Q: If I am 16 almost 17 and my bf is 18 almost 19 and we had sex and I got pregnant is there a way to keep him out of jail?

My parents knew about the whole thing they are okay with it. His parents think we only did it once can we just get married? It's utah law.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information provided, it seems unlikely your boyfriend would face legal charges in Utah, even though you are under 18. Here are a few key reasons why:

- Utah's age of consent is 16 years old. This means a 16 or 17 year old can legally consent to having sex with an adult, as long as the adult is not in a position of special trust (teacher, coach, etc).

- There are no Utah laws specifically prohibiting a consensual sexual relationship between a 16 year old and 18/19 year old. The age difference is not large enough to qualify as unlawful.

- Since you indicate both your parents and his parents were aware of the relationship, that helps demonstrate it was consensual and non-exploitative. Parental consent can be an mitigating factor.

- Getting married would require your parents consent in Utah since you are under 18. This is an option, but not required to avoid criminal charges given the specifics here.

In summary - based on consent, age factors, and parental knowledge, your boyfriend almost certainly does not face any statutory rape or Utah sex crime charges.

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