Q: If I'm 17 fixing to be 18 and my girlfriend is 16 is it illegal for us to have sex
We're one year and 8 months apart in age and she'll be 17 in 9 months we haven't done anything just checking before we do
A: Yes, it is illegal to have sex with a person not at least 18 years old. So as of now having sex (you being 17) she is breaking that law as well. Just because each of you are minors that does not make it legal. Once you are 18 it would still be illegal for you to have sex with her. However, the Romeo and Juliet law is an affirmative defense. For that defense you have to be no greater than 3 years apart in age and if charges are brought you must raise it as a defense or you waive it.
2 users found this answer helpful
A: Illegal? Yes and No. First, it is illegal for you to have sex with a person who is under 17 years of age. She is 16? You having sex with her is illegal. However, since she is within 3 years of your age, and assuming the sex is consensual, the sex may be deemed "not illegal".. However, that has to be determined after you have been arrested, jailed, committed to bail and gone to court on criminal charges. In such instance you could claim the Romeo & Juliet law as your defense. You may win on that issue, and then again, you may not! So you COULD beat the charges, but you might not! Long story short: the sex is illegal. If charges are filed you COULD beat the rap, but you CANNOT beat the ride! Give it a rest until she is 17. Even then, kids having sex is not such a good thing. The status of the law is really not always the best barometer on what conduct we should engage in and what conduct we should just leave alone. There are a lot more considerations for you to consider other than whether you can "get away with" having sex with someone you care enough about to ask questions. Good luck.
4 users found this answer helpful
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