Q: American college student (20) in Germany with a local girlfriend (17). Confused about US age of consent law.
US law (18 USC) says if we had consensual sex, we would be violating the law under "chapter 109A" but I read all that and nothing in there applies. She is over 16 and there is no commercial sex, no trafficking or porn going on. I am not a tourist and we only recently met. We are in Germany, not a "special maritime territory" whatever that is. Can someone please explain? Is *all* sex between us illicit sex? If so why do they distinguish with words like illicit? I can't find clear answers and we don't want to get into trouble thanks.
A: Under 18 U.S.C. § 2423(c), it is illegal for a U.S. citizen to engage in illicit sexual conduct with a minor while outside of the U.S., regardless of the local age of consent. However, the term "illicit sexual conduct" specifically excludes consensual sex acts if the minor is 16 or older, and the age difference between the two parties is less than 4 years. Given that your girlfriend is 17 and you are 20, the described relationship would not be considered a violation of this federal law.
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