Can an 18 year old legally have sex with a 16 year old?

Question

Me and my friend are having an argument. I say its legal, he says it isnt. What is the laws stance on it?

i know the 18 year old is considered an adult, and the 16 year old a minor, but 2 year difference? how can anyone be punished for that

I live in Minnesota, if the law varies by states

Answer 1

Most of the folks answering this question are full of CRAP and using their morals instead of their brians. It varies State to State. Each State has an "Age of Consent" whereby a person is deemed old enough (not necessarily wise enough) to decide whether or not to engage in that activity. As far as the age difference goes, that can vary from State to State as well. Some have Statutory Rape laws - most of which are being deemed unconstitutional by the Supreme Court - If someone is old enough to decide to engage in sexual activity, are they not also old enough to decide who to engage in that activity with, as long as that other person is also above the age of consent? Have you noticed that all these school sex scandals involve kids around 14 and under, not 16 or 17?? Not saying that I like it, but that is what is has come to. While there may not be direct criminal remedies readily available, there may be civil actions a parent can take, and some indirect criminal ones as well. Do your research in your State Law Books.

Answer 2

"Can an 18 year old legally have sex with a 16 year old?

The quick answer to your question is "Yes. Generally. In Minnesota."

The age of consent for sexual relations in that state is generally 16 years of age. However, people in positions of power over minors-- such as teachers, coaches, and other types of persons acting in loco parentis, are usually the exception to the rule. And sexual harassment issues might still apply for civil cases even where age is not specifically an issue.

The youngest age of consent in the U.S. is 14 years of age-- in two states. In several states it's 18 years of age. In most states it's around 16 years of age. Also, most states create a tiered system of consent and punishment that differentiates between persons of roughly the same age and persons of greater age difference. Usually, if you are within a few years of the younger person, the sex act is either not a violation or not as severe a violation as it would be were you several years or more older.

In all states in the U.S., sexual relations with a minor 13 years of age or younger is a criminal violation. And there are federal laws to consider that may or may not apply to the issue.

Answer 3

It depends on the state you live in. In some states, if you're legally an adult and have sex with a minor (any minor) it is illegal, as 18 is the age of consent. In my state, the age of consent is 16, and after that, you can have sex with anyone you want. Look up the law in your state, although I highly doubt you'd get in trouble for having sex with him either way. Especially if you've been together a while. I think you'd only get in trouble if you called "rape" on it, or if he were way older, or if there were some other crazy circumstance.

Answer 4

I also live in Minnesota, and can tell you that if one party is under age 18, it is not legal and the party who is over 18 can be prosecuted for statutory rape, and if found guilty, can be required to register as a sex offender, which is something that follows that person for at least the next 10 years. The old saying "15 will get you 20", isn't accurate, but it does convey the point that underage sexual activity carries severe penalties if prosecution for that is pursued.

Answer 5

In every state in the US, when someone under the age of 18 has sex with someone who is older than them by three years, that is always illegal. In all states, it is illegal for someone over the age of 18 to have sex with someone under the age of 16, even if they are just two years and one day apart.

This particular area, between 16 and 18 is a somewhat grey area. It tends to be illegal, but laws vary by state, and even by county in some areas. Sometimes it is legal, but only if the age difference is less than a year... sometimes people over 16 can have sex, but only with parental consent (what kind of parent would give consent?) or in the case of marriage.

I'd suggest waiting two years to be on the safe side, unless you plan to get parental consent, or marry ahead of time.

Answer 6

Federal law says a 16 year old and one day with consent she can have s*x with someone older. But the older person can not be a teacher, surrogate parent or mentor.
Federal law supersedes local law.

My question to you is this. What about when dad, mom, older brothers, older sisters, aunts, uncles, cousins or really good friends find out about it? What will happen then? Will they come after him?
Or if he knocks her up and has to pay for the rest of his life?

Answer 7

In most states (not sure about yours), this is considered statutory rape. That is true when one person is considered an adult (usually 18) and one a minor. The age difference is not at all relevant legally.

Answer 8

If they can't put you directly in jail for it, they will try to get some kind of restraining order or no-contact order against you, which they can do legally and much easier than charging you with a crime, then if you violate the restraining order, then you will be charged with that crime, and go to jail for that. Also, if it is outside of marriage sex it is against God's law, in God's eyes it is illegal to Him. But in many states you can marry with parental permission if the girl is 16 or above, so try and marry her first.

Answer 9

It is in most laws statutory rape to have sex with a minor, 2 years or not... you will either have to wait or take the chance of going to jail if it is found out. the law is the law, despite the time of years in this case.

Answer 10

Ask this question to the 16 year olds Dad, thats where the difference comes in.