Can a 16 year old be sexually active with a 19 year old?

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Can a 16 year old be sexually active with a 19 year old?

Asked on April 15, 2013 under Criminal Law, New York

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

In Minnesota, and as regards sex crimes involving a difference in age, the minimum age of consent is sixteen.  However, there are many factors besides an age difference that can make sexual contact criminal in nature.  One factor would be whether the elder person was in a 'position of authority' regarding the 16 y old, for instance a coach or church youth leader.  Another factor is known as ‘significant relation’, for instance a first cousin.  If the 16 y old is considered ‘vulnerable’, for instance, has physical or emotional issues, that is a factor.  Sex crimes are deemed extraordinarily serious in nature and often negatively impact one's entire life.  If you are considering having a sexual relationship of the sort you described, I urge you privately to seek legal counsel prior to engaging in any sex contact.  If you are already involved in the relationship, I urge you to seek legal counsel immediately.


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