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18yr/16yr Age Descrpepancy

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  • 18yr/16yr Age Descrpepancy

    Okay, I am going to start out by saying, I am very literal... So if I sound sassy. Ignore it. =]

    Okay. So I am going to start out by saying. This boy and I are having issues with the whole idea of this legal system. My best friend is also having this issue.

    If I (a 16 year old Idahoan) wanted to date a 18 Year Old Idahoan...

    Is it against the law to have sex. (when it happens...)

    Becouse right here...
    18-1508A. SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF
    AGE -- PENALTY. (1) It is a felony for any person at least five (5) years of
    age older than a minor child who is sixteen (16)
    or seventeen (17) years of
    age, who, with the intent of arousing, appealing to or gratifying the lust,
    passion, or sexual desires of such person, minor child, or third party, to:
    So technically its not illegal.
    Right?

    Because he isn't more than 5 years older than I.

    So technically, its not illegal. Right?

    Please. Explain to me if I'm wrong. I'm just checking facts on stuff.
    Plus my friend who is also the same age as me is in the same situation with her boyfriend of 3 months.

    Thanks! =]

  • #2
    If he has sex with you, he is not guilty of the statute which you provided. That does not mean he cannot get into trouble.

    There are PLENTY of other possible problems. The most dominant one would be contributing to the delinquency of a minor.

    If you are really having issues with "the whole idea of this legal system," you are in for a bumpy ride, kiddo. We live in a society based on laws, laws which protect us all. Without "this legal system," you would not have the life you have, the choices you have, and the freedoms you will gain as an adult. You should consider taking an introduction to law class... as well as a civics class.

    Comment


    • #3
      The adult boyfriends here could also be charged with HUMAN TRAFFICKING.

      TITLE 18
      CRIMES AND PUNISHMENTS
      CHAPTER 86
      HUMAN TRAFFICKING
      18-8602. HUMAN TRAFFICKING DEFINED. "Human trafficking" means:
      (1) Sex trafficking in which a commercial sex act is induced by force,
      fraud or coercion, or in which the person induced to perform such act has not
      attained eighteen (18) years of age; or
      (2) The recruitment, harboring, transportation, provision, or obtaining
      of a person for labor or services, through the use of force, fraud or coercion
      for the purpose of subjection to involuntary servitude, peonage, debt bondage,
      or slavery.
      Yes, that would be a stretch. But a creative prosecutor could argue that the 18 year old ADULT enticed the 16 year old minors into sex acts.

      Would it stick? Doubtful. But the prosecutor could probably at least win an indictment, which would cost the 18 year old a at least a night in lockup and a fortune in legal fees.

      Also, FORNICATION is still on the books in Idaho.

      It is illegal to have sex there at all without being married to the person you are having sex with.

      I have no idea if this is ever prosecuted, but if your parents disagree with your relationship and push it, he could face prison and/or a fine.

      TITLE 18
      CRIMES AND PUNISHMENTS
      CHAPTER 66
      SEX CRIMES
      18-6603. FORNICATION. Any unmarried person who shall have sexual
      intercourse with an unmarried person of the opposite sex shall be deemed
      guilty of fornication, and, upon conviction thereof, shall be punished by a
      fine of not more than $300 or by imprisonment for not more than six months or
      by both such fine and imprisonment; provided, that the sentence imposed or any
      part thereof may be suspended with or without probation in the discretion of
      the court.
      Last edited by MomofBoys; 01-04-2008, 11:23 AM.

      Comment


      • #4
        Not to mention that, without laws, dad could just nail your adult lover's pelt to the wall over the fireplace.

        What do mom and dad think about your new sexual awakening? Because, while statutory rape is off the table, you are still a minor under their protection.

        Their word is your law. They could petition for a restraining order if necessary.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          First off. You guys rock. This is why I want to be a lawyer. It's so fun to go over these laws.

          Not to mention that, without laws, dad could just nail your adult lover's pelt to the wall over the fireplace.

          What do mom and dad think about your new sexual awakening? Because, while statutory rape is off the table, you are still a minor under their protection.
          That is very true.
          THANKFULLY.
          My parent's don't care. They like him.
          So... Yeah.
          (i'm only told not to have sex infront of my straight brother... haha)

          Originally posted by MomofBoys View Post

          Yes, that would be a stretch. But a creative prosecutor could argue that the 18 year old ADULT enticed the 16 year old minors into sex acts.

          Would it stick? Doubtful. But the prosecutor could probably at least win an indictment, which would cost the 18 year old a at least a night in lockup and a fortune in legal fees.

          Also, FORNICATION is still on the books in Idaho.

          It is illegal to have sex there at all without being married to the person you are having sex with.

          I have no idea if this is ever prosecuted, but if your parents disagree with your relationship and push it, he could face prison and/or a fine.
          Well. I can just be sneaky and make sure to testify it was my fault if that happens. (becouse i'm just a werido like that)

          Also, with FORNICATION... you lack the necessary part of it.

          Any unmarried person who shall have sexual
          intercourse with an unmarried person of the opposite sex
          So. Becouse its Same Sex, that is thrown out.

          So all I'm seeing is if my Parent's complain...

          Comment


          • #6
            This site shows that your relationship in Idaho is illegal
            http://www.parentnook.com/forum/

            Comment


            • #7
              Originally posted by greylite View Post
              (i'm only told not to have sex infront of my straight brother... haha)
              Really? You're parents would be ok if you had STRAIGHT sex IN FRONT of your brother? I certainly hope you are exagerating here. It's pretty bad parenting to approve of your children having ANY kind of sex in front of eachother.

              Well. I can just be sneaky and make sure to testify it was my fault if that happens. (becouse i'm just a werido like that)
              No. No no no no no no no no no no. No you cannot.

              First off, as a minor, you lack the ability to make that decision. You can lie all you want, the court won't listen. The court will NEVER accept the testimony of a MINOR that it is their fault that an ADULT preyed on them.

              Second, perjury is a crime. Lying in court will land you in jail.

              What you are saying here is not cute or funny or sassy. It is not funny to lie to the court. Don't joke about it. You say you want to be an attorney? Well than stop cracking jokes at the expense of something as serious as a court procedure.

              Also, with FORNICATION... you lack the necessary part of it.

              So. Becouse its Same Sex, that is thrown out.
              Your first post did not state that you were referring to homosexual sex. So yes, you are right, fornication is out the window. That's because it makes room for sodomy -- a fancy word for homosexual sex. Sodomy is illegal in Idaho. It is refered to in the statutes as a "crime against nature." And a crime against nature carries a much harsher penalty than fornication.

              TITLE 18
              CRIMES AND PUNISHMENTS
              CHAPTER 66
              SEX CRIMES
              18-6605. CRIME AGAINST NATURE -- PUNISHMENT. Every person who is guilty
              of the infamous crime against nature, committed with mankind or with any
              animal, is punishable by imprisonment in the state prison not less than five
              years.
              Look.... you are 16. I know you think you are ready, but sex is a big deal.

              I do not live in Idaho, but I know that in general, it can be pretty hard to be gay in this country. You are already ahaed of the game because 1. you are true to yourself and 2. you seem to have parents who are supportive, so that's good. But in addition to dealing with all the emotions that go with sex, you have an unfortunate and unfair disadvantage. Why are you in a hurry to put yourself through that?

              I think it stinks that you come from a state where the laws still say that homosexual contact is a crime against nature. Seriously. If you are interested in the law, work to change that.

              But none of those things make me think that ANY 16 year old is ready to have sex, straight or gay. I had sex at 17, and I sure as heck wish I had waited. Wait. It will be worth it.

              Comment


              • #8
                hahaha. I understand. This actually taught me a few things here.

                And I approvate you all for your help with understanding these laws.

                I think I'll work on some sort of way to ask our legislatire to figure this all out with clear laws like some of you lucky states who's goverment isn't afraid of a bad image.

                I think mostly the Larry Craig scandle made things worse.
                But what can you do about it.

                Thanks again!

                Comment


                • #9
                  You want to talk a legislator into helping you with a homosexual underage sex law in Idaho?

                  Well, you gotta have a dream to make a dream come true.....
                  Not everything that makes you mad, sad or uncomfortable is legally actionable.

                  I am not now nor ever was an attorney.

                  Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                  Comment

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