Dothan, AL asked in Juvenile Law and Criminal Law for Alabama

Q: IM 14 and my boyfriend is 16 , is it illegal for us to date ? If so can you please explain

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1 Lawyer Answer

A: By date, I assume you mean have sex -- and not go to the Malt Shop and listen to records. Here is the law

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

(1) Being 16 years old or older THAT IS YOUR BOYFRIEND , he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; THAT IS YOU provided, however, the actor is at least two years older than the member of the opposite sex. THAT IS, HIS BIRTHDAY IS MORE THAN 24 MONTHS BEFORE YOURS.

(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.

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