Auburn, AL asked in Juvenile Law for Alabama

Q: Can a 17 year old date a 15 year old?

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1 Lawyer Answer

A: You mean, of course, can a 17 year old have sex with a 15 year old. The bare criminal law is stated as follows:

Section 13A-6-62. Rape in the second degree

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

(b) Rape in the second degree is a Class B felony.

If you are not "at least two years older" than the 15 year old you probably fall outside the language of the statute. You would be wise to not engage in sexual intercourse with a 15 year old under any circumstance.

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