Asked in Criminal Law, Family Law, Communications Law and Juvenile Law for Iowa

Q: If I am 16 and want to hangout with a guy that is 4 years and 8 months older than me can my parents call the cops on him

Can he go to jail for talking to me when I'm 16 and he's 20

1 Lawyer Answer

A: Not likely, as long as you two are not doing anything illegal including him having you out past a city or town curfew, and your parents tell you that you can't leave the house but you do to go hang out with him, it is unlikely he gets arrested for you two simply being in the same vicinity of each other and talking. He can get arrested for just talking to you if he is a registered sex offender or there is a valid no-contact order in place preventing him from contacting you or speaking to you if you contact him. I always tell my clients you don't have to do anything wrong to get arrested, so if he contributes to you breaking the law or a city ordinance he could be arrested for contributing to the delinquency of a minor.

It is unfortunate that you are in your current position. At 16 you deserve a little more freedom, (especially considering how strict your parents sound) and the last thing any one would want is an international incident over a seemingly innocent relationship. Your parents reaction will probably only cause you to keep more from them about your social life as you get older. I always urge my clients to look through the other sides eyes' to help gain perspective. Your parents have been dreading the day you turn 16 and start showing serious interest in sexual activity. In their minds, the scenario that is causing them dread is you falling for another 16 or 17 year old boy. So, they see the typical signs of you texting and all that stuff and their freak out meter starts rising and then they find out there is a 21 year old on the other end. Don't forget, they are parents so nothing you are doing with the opposite sex is as innocent as talking. They find out he is 21 (almost) and they are losing their minds right now, and that is probably why they are not acting rationally and going straight to the police call option.

I do not have any children myself, but I am sure there are a lot of attorneys who might see your question and think there is absolutely no way I am going to tell my 16 yr old daughter that it is okay to do anything with a 21 yr old because it automatically seems suspect. Just keep in mind their freak out is actually coming from a good place, and that a 21 year old cannot be arrested for talking to a 16 year old as long as he is not a registered sex offender and there is not a valid no-contact order in place preventing him from contacting you.

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