Q: If I have sex with a 16 or 17-year-old and she consented for the sexual engagement would I be charged with a crime?
I need some legal advice on something I read that the state of Maryland age of consent law states that a boy or girl has to be at the middle age of 16 years old to consent to sexual activity, I'm writing up a consent form that would be in the legal terms of this stature. However, I am not sure how to go about it I mean I wrote up the whole thing according to the 2010 version of the statute but I'm not actually sure where to go from here. Me Sleeping with a 16 or 17-year-old may not fit very well with people and I want to have something that says that she agreed to perform sexual acts with me, I rather have something else that allows me to have written proof that she decided to do this having a verbal proof wouldn't be enough and would need to update this written agreement. So the question is this if I have sent with a 16 or 17-year-old (e.g. if she gave consent written or otherwise) would I be charged with a crime?
A:
Here is the general Maryland rule:
first: consent can only be granted WHEN the statutes allow for consent. It is NOT a defense if you thought she was older.
IF you are 20, and she's 17, it is OK if she consents. If you are 21 and she's 17, it isn't generally OK. The age of seniority in Maryland (adulthood) is 18. If the other person is not 18, the sex would need to fit into one of the exceptions. Being 17 and consenting to sex with a 20 year old is an exception.
I am not sure what you are referring to re the 2010 statute. Please be more specific if you are referencing any statute.
A: I wanted to further clarify my answer: the 21 example below - if the 21 is turning 22, on the 22nd birthday that's when things could get problematic. If within 4 years, generally is OK.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
