Do statutory rape laws apply to what state your in when having sex or what state you live in?

Question

Say I live in North Dakota. I have sex with a minor in South Dakota and it is legal in South Dakota but not North Dakota. What states laws would apply?

Answer 1

The statutory rape charges would be in the place where sex occurred; however, if you transported a minor from North Dakota to South Dakota for the purposes of having sex, you might have broken some other bigger laws. These include kidnapping & contributing to the delinquincy of a minor.

Good luck

Answer 2

Ha-- this is very interesting.
Generally, it's the state in which the act occurred. When you go to Wyoming, and there's no speed limit, and you drive 95 during the day, you can't be charged with speeding just because you live in a state where the speed limit is 65.
But, as noted, there are state laws where if you take the minor to some other state, and both of you are from North Dakota, for example, there might be a state or even federal charge crime:

There was a very interesting case recently where someone was charged with using the Internet to solicit sex with a minor. The state in which he was in, it was legal to have sex with a minor that age. But the state the minor was in, the sex act was not legal. And he picked up the minor and crossed state lines with her. He was then arrested and charged in federal court. The defendant moved to dismiss arguing that the underlying crime (the sex) was legal where he'd do it. The court denied the motion, noting that the place of solicitation (the girl's home state) it was illegal.
(Now, if it were reversed, I'm sure the Government would have argued the opposite and probably won... So just watch out if you do anything like "solicit" or "entice" over the phone.)

Answer 3

South Dakota law.

Answer 4

Well...the crime occured in South Dakota, so then the South Dakota law should apply.

Answer 5

first of all, you should examine your behavior and make sure that you are engaging in socially acceptable behaviors. If you are having sex against a person's parents' wishes, and if they are a minor, you can be sued. But the law would apply to the state in which the sex occurs (usually). You could also be arrested for transporting a minor without parental concent, abduction of a minor, endangering of a minor, etc. Most DA's will find a way to prosecute you.

Answer 6

Like everybody says, it's the law of the state where things happened that is the primary one involved...

except it better be also the place where the minor lives. If she happens to live somewhere where it's illegal, you can still be prosecuted under the law of her state of residence, not to mention the additional crime of making a minor cross a state border for the purpose of sex.

Answer 7

It's where the act occurred. In your facts, South Dakota law would apply. Where you live is irrelevant.

Answer 8

Kinda both. Crossing state lines to engage in sex with a minor, and to circumvent the law in your own state is also illegal in most states. Check your own state laws for specifics, ok.

Answer 9

Likely applies always in the state in which the participants reside....obviously if it's not illegal in the state where it occurred you won't be prosecuted for anything there.
Now as for transporting a minor accross state lines where you comitted a crime, now you're talking federal offense...big time problems!
Wait till she's 18 dude.

Answer 10

It is not legal in any state to have sex w/a minor. The state that you had sex w/the minor in, will be the one that brings charges against you.