Bronx, NY asked in Family Law and Domestic Violence for New York

Q: I am currently 8 months pregnant and I'm 20 my baby father is 16 but he lied about his age can I get in trouble

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

A: It really depends on the age difference at the time of the relationship. In NY Statutory rape occurs when a person has consensual sex with someone under the age of consent. ... It is considered statutory rape to have sex with anyone under 17 years old in New York. However, there is a close-in-age exception that allows for a 4 year age gap as long as the minor is older than 15. If he was 16 and you were 20 you might be ok but that depends on the actual dates. THe fact that he lied about his age is irrelevant.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: The short answer is yes.

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