Dating a 21 yr old when 16 New York

[Sheagle22]

I was wondering if it is legal to date a 21 when turning 16 in new york state?

[Baystategirl]

I was wondering if it is legal to date a 21 when turning 16 in new york state?

Do you mean dinner and a movie? Or dinner, movie and sex at his place?

[Sheagle22]

Hey actually it was more like boyfriend/girlfriend type of deal... I wanted to kno if i could be his Girlfriend? if it is legal in NYS? making out,kissing,hugging, going places but no sexual contact.

[Baystategirl]

Hey actually it was more like boyfriend/girlfriend type of deal... I wanted to kno if i could be his Girlfriend? if it is legal in NYS? making out,kissing,hugging, going places but no sexual contact.

Making out, kissing and hugging IS sexual contact! Oral sex is too...just in case you didn't know that!

It is illegal for an adult to have ANY sexual contact with a minor..:Age of Consent in New York is 17.

New York

§§130. 25, 130. 30, and 130. 35
Third-degree rape for anyone age 21 or older to have sexual intercourse with someone under age 17

Up to four years in prison


Second-degree rape for anyone age 18 or older to engage in sexual intercourse with someone under age 15. The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense.

First-degree rape to have sexual intercourse with someone (1) less than age 11 or (2) less than age 13 if the actor is age 18 or older
Five to 25 years in prison

[Sheagle22]

um just to say that i asked a police officer if kissing/hugging is sexual contact and he said NO...you can go on NYS laws on their website that they have and sexual contact is not them its touching eachother or oral or anus.. thank you for your help and if u can find out any other info please write.

[milspecgirl]

and how do your parents feel about this?

[milspecgirl]

sexual contact laws are different when you are dealing with an ADULT and a minor. The adult may not do anything that could be considered exciting (kissing, hugging, talking about sex, etc) to the minor.

[mommyof4]

um just to say that i asked a police officer if kissing/hugging is sexual contact and he said NO...you can go on NYS laws on their website that they have and sexual contact is not them its touching eachother or oral or anus.. thank you for your help and if u can find out any other info please write.

eeeeeehhh....try again. Here is the definition of "sexual contact" per NY 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.
</B></U>

I suggest that you stop relying on a police officer for legal advice. Would you like to attempt to hug another person without having any body to body contact? Go ahead, try it.

[Sheagle22]

I have parental consent... so all of you are telling me different things which one is it...kissing is or isnt sexual contact? can he go to jail for kissing/making out with me? remember this is NY laws are way different

[mommyof4]

Well, since I posted the NY statutes for you, read them for yourself. YES, making out is sexual contact....even if he just "feels you up" through your clothes. I highlighted it in red.

[Sheagle22]

oh oops...he can go to jail? r u sure...just for kissing me?

[Baystategirl]

oh oops...he can go to jail? r u sure...just for kissing me?

Yes...think about it! Why would a 22 year old guy date a girl so young?? CONTROL! There is reasons for these laws!

[mommyof4]

http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS


§ 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she
subjects another person to sexual contact without the latter's consent;
except that in any prosecution under this section, it is an affirmative
defense that (a) such other person's lack of consent was due solely to
incapacity to consent by reason of being less than seventeen years old,
and (b) such other person was more than fourteen years old, and (c) the
defendant was less than five years older than such other person.
Sexual abuse in the third degree is a class B misdemeanor.
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If you and he decide to take it any further than kissing and making out....


§ 130.40 Criminal sexual act in the third degree.
A person is guilty of criminal sexual act in the third degree when:
1. He or she engages in oral sexual conduct or anal sexual conduct
with a person who is incapable of consent by reason of some factor other
than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in oral
sexual conduct or anal sexual conduct with a person less than seventeen
years old; or
3. He or she engages in oral sexual conduct or anal sexual conduct
with another person without such person's consent where such lack of
consent is by reason of some factor other than incapacity to consent.
Criminal sexual act in the third degree is a class E felony.

I have not even covered any charges that may arise if he and you exchange any racy, sexy, anticipatory, or otherwise suggestive communication. That includes, but may not be limited to: IM, Email, text, phone calls, letters, smoke signals, morse code, and/or telegram.

The answer is that ANY sexually stimulating contact is illegal.
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[Sheagle22]

latter's consent???? so we can date but not do anything till im seventeen??

[cyjeff]

And you turning 17 takes statutory rape off the table, but you are still a child... and, therefore, your pedophiliac boyfriend can still be charged... but with misdemeanors rather than felonies.

Which means years in prison rather than decades.

Oh, and if your parents allow this contact to happen prior to your turning 17, they can be charged as well. They should be protecting you better than this.

[Sheagle22]

alright thanks everyone for your help thats all...I wont date him till 17 or 18 then whatev bye