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age of consent question? New York

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  • age of consent question? New York

    I know it's illegal for someone over 18 to be involved with someone under 18 but I heard there's an exception if there's a 4 year age difference [only when the person is between 16-18].

    If a 16-year-old were to become pregnant by a guy who was 19-years-old at the time of conception but turn 20 later that year, would he be charged as if he were 20 at the time of conception?

    And when they say 4 years, it means more than 48 months right? The girl and guy only have a 42 month age difference so would it be illegal for them to date period?

    I know it's still rape but I heard the guy gets off a little easier because they're close in age.
    Last edited by xo_nycprincess224_ox; 03-16-2008, 10:34 AM.

  • #2
    Age of consent is 17 in NY so rape applies here
    http://www.parentnook.com/forum/

    Comment


    • #3
      Originally posted by xo_nycprincess224_ox View Post
      I know it's illegal for someone over 18 to be involved with someone under 18 but I heard there's an exception if there's a 4 year age difference [only when the person is between 16-18].

      If a 16-year-old were to become pregnant by a guy who was 19-years-old at the time of conception but turn 20 later that year, would he be charged as if he were 20 at the time of conception?

      And when they say 4 years, it means more than 48 months right? The girl and guy only have a 42 month age difference so would it be illegal for them to date period?

      I know it's still rape but I heard the guy gets off a little easier because they're close in age.
      Wrong. Their is no age defense in the New York statutes.

      130.00 Sex offenses; definitions of terms.
      The following definitions are applicable to this article:
      1. "Sexual intercourse" has its ordinary meaning and occurs upon any
      penetration, however slight.
      2. (a) "Oral sexual conduct" means conduct between persons consisting
      of contact between the mouth and the penis, the mouth and the anus, or
      the mouth and the vulva or vagina.
      (b) "Anal sexual conduct" means conduct between persons consisting of
      contact between the penis and anus.
      3. "Sexual contact" means any touching of the sexual or other intimate
      parts of a person not married to the actor for the purpose of gratifying
      sexual desire of either party. It includes the touching of the actor by
      the victim, as well as the touching of the victim by the actor, whether
      directly or through clothing.

      4. For the purposes of this article "married" means the existence of
      the relationship between the actor and the victim as spouses which is
      recognized by law at the time the actor commits an offense proscribed by
      this article against the victim.
      5. "Mentally disabled" means that a person suffers from a mental
      disease or defect which renders him or her incapable of appraising the
      nature of his or her conduct.
      6. "Mentally incapacitated" means that a person is rendered
      temporarily incapable of appraising or controlling his conduct owing to
      the influence of a narcotic or intoxicating substance administered to
      him without his consent, or to any other act committed upon him without
      his consent.
      7. "Physically helpless" means that a person is unconscious or for any
      other reason is physically unable to communicate unwillingness to an
      act.
      8. "Forcible compulsion" means to compel by either:
      a. use of physical force; or
      b. a threat, express or implied, which places a person in fear of
      immediate death or physical injury to himself, herself or another
      person, or in fear that he, she or another person will immediately be
      kidnapped.
      9. "Foreign object" means any instrument or article which, when
      inserted in the vagina, urethra, penis or rectum, is capable of causing
      physical injury.
      10. "Sexual conduct" means sexual intercourse, oral sexual conduct,
      anal sexual conduct, aggravated sexual contact, or sexual contact.
      11. "Aggravated sexual contact" means inserting, other than for a
      valid medical purpose, a foreign object in the vagina, urethra, penis or
      rectum of a child, thereby causing physical injury to such child.

      12. "Health care provider" means any person who is, or is required to
      be, licensed or registered or holds himself or herself out to be
      licensed or registered, or provides services as if he or she were
      licensed or registered in the profession of medicine, chiropractic,
      dentistry or podiatry under any of the following: article one hundred
      thirty-one, one hundred thirty-two, one hundred thirty-three, or one
      hundred forty-one of the education law.
      13. "Mental health care provider" shall mean a licensed physician,
      licensed psychologist, registered professional nurse, licensed clinical
      social worker or a licensed master social worker under the supervision
      of a physician, psychologist or licensed clinical social worker.

      130.05 Sex offenses; lack of consent.
      1. Whether or not specifically stated, it is an element of every
      offense defined in this article that the sexual act was committed
      without consent of the victim.
      2. Lack of consent results from:
      (a) Forcible compulsion; or
      (b) Incapacity to consent; or
      (c) Where the offense charged is sexual abuse or forcible touching,
      any circumstances, in addition to forcible compulsion or incapacity to
      consent, in which the victim does not expressly or impliedly acquiesce
      in the actor's conduct; or
      (d) Where the offense charged is rape in the third degree as defined
      in subdivision three of section 130.25, or criminal sexual act in the
      third degree as defined in subdivision three of section 130.40, in
      addition to forcible compulsion, circumstances under which, at the time
      of the act of intercourse, oral sexual conduct or anal sexual conduct,
      the victim clearly expressed that he or she did not consent to engage in
      such act, and a reasonable person in the actor's situation would have
      understood such person's words and acts as an expression of lack of
      consent to such act under all the circumstances.
      3. A person is deemed incapable of consent when he or she is:
      (a) less than seventeen years old; or
      (b) mentally disabled; or
      (c) mentally incapacitated; or
      (d) physically helpless; or
      (e) committed to the care and custody of the state department of
      correctional services or a hospital, as such term is defined in
      subdivision two of section four hundred of the correction law, and the
      actor is an employee, not married to such person, who knows or
      reasonably should know that such person is committed to the care and
      custody of such department or hospital. For purposes of this paragraph,
      "employee" means (i) an employee of the state department of correctional
      services who performs professional duties in a state correctional
      facility consisting of providing custody, medical or mental health
      services, counseling services, educational programs, or vocational
      training for inmates;
      (ii) an employee of the division of parole who performs professional
      duties in a state correctional facility and who provides institutional
      parole services pursuant to section two hundred fifty-nine-e of the
      executive law; or
      (iii) an employee of the office of mental health who performs
      professional duties in a state correctional facility or hospital, as
      such term is defined in subdivision two of section four hundred of the
      correction law, consisting of providing custody, or medical or mental
      health services for such inmates; or
      (iv) a person, including a volunteer, providing direct services to
      inmates in the state correctional facility in which the victim is
      confined at the time of the offense pursuant to a contractual
      arrangement with the state department of correctional services or, in
      the case of a volunteer, a written agreement with such department,
      provided that the person received written notice concerning the
      provisions of this paragraph; or
      (f) committed to the care and custody of a local correctional
      facility, as such term is defined in subdivision two of section forty of
      the correction law, and the actor is an employee, not married to such
      person, who knows or reasonably should know that such person is
      committed to the care and custody of such facility. For purposes of this
      paragraph, "employee" means an employee of the local correctional
      facility where the person is committed who performs professional duties
      consisting of providing custody, medical or mental health services,
      counseling services, educational services, or vocational training for
      inmates. For purposes of this paragraph, "employee" shall also mean a
      person, including a volunteer or a government employee of the state
      division of parole or a local health, education or probation agency,
      providing direct services to inmates in the local correctional facility
      in which the victim is confined at the time of the offense pursuant to a
      contractual arrangement with the local correctional department or, in
      the case of such a volunteer or government employee, a written agreement
      with such department, provided that such person received written notice
      concerning the provisions of this paragraph; or
      (g) committed to or placed with the office of children and family
      services and in residential care, and the actor is an employee, not
      married to such person, who knows or reasonably should know that such
      person is committed to or placed with such office of children and family
      services and in residential care. For purposes of this paragraph,
      "employee" means an employee of the office of children and family
      services or of a residential facility who performs duties consisting of
      providing custody, medical or mental health services, counseling
      services, educational services, or vocational training for persons
      committed to or placed with the office of children and family services
      and in residential care; or
      (h) a client or patient and the actor is a health care provider or
      mental health care provider charged with rape in the third degree as
      defined in section 130.25, criminal sexual act in the third degree as
      defined in section 130.40, aggravated sexual abuse in the fourth degree
      as defined in section 130.65-a, or sexual abuse in the third degree as
      defined in section 130.55, and the act of sexual conduct occurs during a
      treatment session, consultation, interview, or examination.


      130.10 Sex offenses; limitation; defenses.
      1. In any prosecution under this article in which the victim's lack of
      consent is based solely upon his or her incapacity to consent because he
      or she was mentally disabled, mentally incapacitated or physically
      helpless, it is an affirmative defense that the defendant, at the time
      he or she engaged in the conduct constituting the offense, did not know
      of the facts or conditions responsible for such incapacity to consent.
      2. Conduct performed for a valid medical or mental health care purpose
      shall not constitute a violation of any section of this article in which
      incapacity to consent is based on the circumstances set forth in
      paragraph (h) of subdivision three of section 130.05 of this article.
      3. In any prosecution for the crime of rape in the third degree as
      defined in section 130.25, criminal sexual act in the third degree as
      defined in section 130.40, aggravated sexual abuse in the fourth degree
      as defined in section 130.65-a, or sexual abuse in the third degree as
      defined in section 130.55 in which incapacity to consent is based on the
      circumstances set forth in paragraph (h) of subdivision three of section
      130.05 of this article it shall be an affirmative defense that the
      client or patient consented to such conduct charged after having been
      expressly advised by the health care or mental health care provider that
      such conduct was not performed for a valid medical purpose.
      4. In any prosecution under this article in which the victim's lack of
      consent is based solely on his or her incapacity to consent because he
      or she was less than seventeen years old, mentally disabled, or a client
      or patient and the actor is a health care provider, it shall be a
      defense that the defendant was married to the victim as defined in
      subdivision four of section 130.00 of this article.
      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


      • #4
        its funny how people can put up a statue and think that they kno everything. ok all these people told me that my now husband was going to go to jail for being with me and for me being pregnant so because of them i went to law enforcement myself and found out that even tho i was 16 my husband was 25 and that was legal!!!! by the time i turned 17 he was 26 which was still legal!!!! if he had been one year older then there would have been problems but since he wasnt everything is FINE!!...so dont let these ppl fill your head with that bull**** because sweety laws arent all black and white otherwise my husband would be sitting in prison right now!! and 16-18..are u serious??? u really think that would be illegal???....dont worry sweety you are perfectly fine



        we all make mistakes
        its part of life
        so live, learn,
        and deal with the consequences




        Comment


        • #5
          Originally posted by panther10758 View Post
          Age of consent is 17 in NY so rape applies here

          according to the computer it says florida age of consent is 18 (just like all of you were trying to tell me)but as i said i went to law enforcement myself and NO it is 16!!....so just goes to show you that you cant believe everything you find on the internet.



          we all make mistakes
          its part of life
          so live, learn,
          and deal with the consequences




          Comment


          • #6
            Originally posted by Mz.C0NFUSED View Post
            according to the computer it says florida age of consent is 18 (just like all of you were trying to tell me)but as i said i went to law enforcement myself and NO it is 16!!....so just goes to show you that you cant believe everything you find on the internet.
            Actually, the AoC in FL is 18, UNLESS the minor was at least 16 and the pepetrator is 23 years or younger. See? Here is the actual law.



            (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.
            (2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
            (3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section. (4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.
            Your relationship was nowhere close to legal and you know it. Managing to get away with a crime does not make the illegal activity legal in any capacity.

            None of your posts make any sense. Either you are the 17 year old girl who was living with the 28 year old man who had managed to impregnate you and multiple other women OR you are her step mother trying to hunt down your son so you can get your money back after he jumped bond.

            Either way? Your information you have posted is WRONG. There is no age gap affirmative defense in NY for illegal sexual contact with a child under the age of 17.
            Last edited by mommyof4; 03-17-2008, 06:28 AM.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              Like I Said...you Cant Believe Everything You Find On The Internet...i Went To Law Enforcement Myself!!! They Told Me 26!!! Because Like You People Said Some One Would Report It..well Actually I Had My Sister Report It And I Talked To A Detective If You Would Like I Can Give You His Name And Number Because He Told Me That It Was Up To Age 26!!!!!



              we all make mistakes
              its part of life
              so live, learn,
              and deal with the consequences




              Comment


              • #8
                Law Enforcement are not Attorneys nor are they lawmakers. Many times posters (like yourself) have sited Law Enforcement as source of info and time and time again it was proved wrong or proved that they (the OP) misunderstood what they were told. Post what you wish and state it as fact if you wish but fact remains countless sources including state sites state different
                http://www.parentnook.com/forum/

                Comment


                • #9
                  Yeah...and I didn't find the information on the 'internet'. It's the online publication of Florida statutes. It's the LAW as written. Oh...and before you go off and say that the law must have changed, please note that this is the NEW version that was just updated.

                  You are wrong, both in your statements that concern the legality of the OP's situation AND the statements regarding YOUR illegal relationship. (and I would also like it noted for the record that you have posted to others that we helped you realize the true reality of your situation and posters should listen to what we were telling them.)

                  Now, why don't you tell us who you are. The formerly knocked up 16 year old whose love of her life was a 28 year old pedophile who had 5 children, including one that was due just days before yours or are you the step mother that put up $5000 for your criminal son?

                  Oh, and please do provide that information. I'll be more than happy to report that a 28 year old man raped a little girl and impregnated her with the consent of her parents (you were living with him) to the local authorities.
                  Last edited by mommyof4; 03-17-2008, 06:56 AM.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    Originally posted by Mz.C0NFUSED View Post
                    its funny how people can put up a statue and think that they kno everything. ok all these people told me that my now husband was going to go to jail for being with me and for me being pregnant so because of them i went to law enforcement myself and found out that even tho i was 16 my husband was 25 and that was legal!!!! by the time i turned 17 he was 26 which was still legal!!!! if he had been one year older then there would have been problems but since he wasnt everything is FINE!!...so dont let these ppl fill your head with that bull**** because sweety laws arent all black and white otherwise my husband would be sitting in prison right now!! and 16-18..are u serious??? u really think that would be illegal???....dont worry sweety you are perfectly fine
                    Oh gosh... How could I have been so stupid to actually post the legal statutes when all we had to do was to talk to one person that got away with it?

                    You are right... all of those dusty lawbooks, trips to the law library and nights huddled over a warm computer screen dialed into legal sites was completely wasted. I should have just hit craig's list and looked for you instead.

                    Back to reality....

                    Your situation no more makes legal what happened to you than if a bank robber wasn't caught.
                    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


                    • #11
                      Oh, and just in case you missed my correction of your many lies...

                      The 'man' who impregnated you is not 26. He's 29. He was 28 when he knocked you up.

                      So even IF what you say is true as far as the 'law enforcment' telling you that it was okay because he was under 26 (which we all know is a lie) you would STILL not be in a legal relationship.

                      http://www.LaborLawTalk.com/showthread.php?t=173207
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment


                      • #12
                        I want to put this on the record.

                        If the OP has sex with an adult on the basis of this yahoo's advice and then the boyfriend goes to prison for rape, I want the OP to sue the above moron for child raising expenses if a child results.

                        Mz. Confused should be careful. I don't know if it would stick, but it sure would be fun to find out.
                        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


                        • #13
                          28, 29????...what Are You Talking About???...if It Said That It Must Have Been A Typo...anyways It Doesnt Really Matter Like I Said B4 A Report Was Made!!! And And They Tried To Put It Thru Legal Procedures But Because He Wasnt Over The Age Of 26 They Couldnt Do Anything!!!...i Dont Care What Your Law Books Say Or What Your Computer Statues Say And Im Not Saying The Law Has Been Changed Im Saying That I Went Through The Procedures And Everything Got Dropped!!!!! If It Hadnt My Husband Would Be Sitting In Jail Right Now!!!!!.....and By The Way I have Been Letting My Stepmother Use My Name On Here Because All She Had Was One Simple Question And You People Have Such An Attitude With Her...she Is A Very Respectable Older Woman And Doesnt Deserve That Kind Of Stuff From Some Imbusills That Think They Know Everything...i Never Stated That The Laws Werent True All I Stated Is Thati Went Through All Of The Procedures..a Report Was Made..and Everything Got Dropped!!!!! So Before You Keep Runnin Your Keyboard Like You Know Every Dam Thing Take Time And Read And Pay Attention To What Has Been Written!!!



                          we all make mistakes
                          its part of life
                          so live, learn,
                          and deal with the consequences




                          Comment


                          • #14
                            Read your own thread. I posted the link.

                            It wasn't a typo. You had a 5 page thread and you never ONCE corrected the age. You are lying.
                            HOOK 'EM HORNS!!!
                            How do you catch a very rare rabbit?
                            (unique up on him)
                            How do catch an ordinary rabbit?
                            (same way)

                            Comment


                            • #15
                              After The First Few Posts I Never Even Looked At It Again Because It Was Pointless...all You Ppl Do Is Say Negative Things...you Dont Try To Help Ppl..u Make Sly Remarks To Get Your Jollies Off And Try To Tell Ppl Off And Belittle Them So It Was No Point To Continue Looking At Them...if I Never Corrected It Then It Was Because I Didnt Realize It...y Would I Have N E Reason To Lie??? All You Like To Do Is Argue And Im Not Going To Humor You Anymore..its Pointless So Have A Nice Day...i Hope Your Slick Remarks Make You Feel Better As A Person



                              we all make mistakes
                              its part of life
                              so live, learn,
                              and deal with the consequences




                              Comment

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