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Thread: Pregnancy of a Minor Federal Utah

  1. #1
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    Default Pregnancy of a Minor Federal Utah

    In Utah a girl may legally consent to sex with a person older than her by up to ten years. If that person were to get her pregnant, could her parents press charges and get him arrested? If so, would getting emancipated change things?

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    How old is the girl?

    No, getting emancipated would not help. If fact, if she is pregnant, it's a guarantee that she won't be emancipated - there isn't a judge in the country who will emancipate a pregnant teenager against the wishes of her parents.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  3. #3
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    Quote Originally Posted by rae_nikki View Post
    In Utah a girl may legally consent to sex with a person older than her by up to ten years.
    Says WHO?


    Your title bar says Federal and Utah, so let me help you....

    Quote Originally Posted by Wikipedia
    Federal Laws

    Chapter 117, 18 U.S.C. 2422(b) forbids the use of the United States Postal Service or other interstate or foreign means of communication, such as telephone calls or use of the internet, to persuade or entice a minor (defined as under 18 throughout chapter) to be involved in a criminal sexual act. The act has to be illegal under state or federal law to be charged with a crime under 2422(b), and can even be applied to situations where both parties reside within the same state but use an instant messenger program whose servers are located in another state.[34]

    Chapter 117, 18 U.S.C. 2423(a) forbids transporting a minor (defined as under 18) in interstate or foreign commerce with the intent of engaging in criminal sexual acts in which a person can be charged. This subsection is ambiguous on its face and seems to apply only when the minor is transported across state or international lines to a place where the conduct is already illegal to begin with. The United States Department of Justice seems to agree with this interpretation.

    Chapter 117, 18 U.S.C. 2423(b) forbids traveling in interstate or foreign commerce to engage in "illicit sexual conduct" with a minor. 2423(f) refers to Chapter 109A as its bright line for defining "illicit sexual conduct", as far as non-commercial sexual activity is concerned. For the purposes of age of consent, the only provision applicable is {Chapter 109A, 18 U.S.C. 2243(a)}. 2243(a) refers to situations where such younger person is under the age of 16 years, has attained 12 years of age, and the older person is more than 4 years older than the 12-to-15-year-old (persons under 12 are handled under 18 U.S.C. 2241(c) under aggravated sexual abuse). So, the age is 12 years if one is within 4 years of the 12-to-15-year-old's age, 16 under all other circumstances. This most likely reflects Congressional intent to not unduly interfere with a state's age of consent law, which would have been the case if the age was set to 18 under all circumstances. This law is also extraterritorial in nature to U.S. Citizens and Residents who travel outside of the United States.

    Although legislation tends to reflect general societal attitudes regarding male versus female ages of consent, Richard Posner notes in his Guide to America's Sex Laws;

    "The U.S. Supreme Court has held that stricter rules for males do not violate the equal protection clause of the Constitution, on the theory that men lack the disincentives (associated with pregnancy) that women have, to engage in sexual activity, and the law may thus provide men with those disincentives in the form of criminal sanctions."[35]

    The Assimilative Crimes Act (18 U.S.C. § 13) incorporates local state criminal law when on federal reservations such as Bureau of Land Management property, military posts and shipyards, national parks, national forests, inter alia. Consequently, if the relevant state's age of consent is higher than the federal age of consent, the higher age applies.

    Article 120 of the Uniform Code of Military Justice (10 U.S.C. § 920), to which essentially only members of the United States Armed Services and enemy prisoners of war are subject, defines the age of consent as sixteen years in subsection but requires evidence of force or coercion concerning victims between the ages of twelve and sixteen years. The victim's age being under sixteen years is also an aggravating factor invoking harsher punishment under both Articles 120 and 125 (Sodomy, 10 U.S.C. § 925). Within the United States, United States servicemembers are further subject to the local state law both when off-post. The local state law is incorporated, for the most part, into federal law when on-post per the Assimilative Crimes Act (18 U.S.C. § 13). Depending upon the relevant status of forces agreement, United States servicemembers are also subject to the local criminal laws of the host nation for acts committed off-post.
    And then....

    Quote Originally Posted by Wikipedia
    Utah Laws

    The age of consent in Utah is 18. It is however legal for minors aged 16 and 17 to engage in sexual activity with partners less than 10 years older.

    76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old. (1) For purposes of this section "minor" means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in this section occurred. (2) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor who is ten or more years older than the minor at the time of the sexual conduct: (a) has sexual intercourse with the minor; (b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant...

    76-5-401.Unlawful sexual activity with a minor—Elements—Penalties—Evidence of age raised by defendant. (1) For purposes of this section "minor" is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred. (2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor: (a) has sexual intercourse with the minor; (b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or (c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant. (3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less than four years older than the minor at the time the sexual activity occurred, in which case it is a class B misdemeanor.
    I suggest you read ALL the laws on this, not just what Wikipedia gives you. You have the statue codes and you can Google the Utah Codes and get the Revised Statutes.


    Quote Originally Posted by rae_nikki View Post
    If that person were to get her pregnant, could her parents press charges and get him arrested? If so, would getting emancipated change things?
    Yes if he got her preggy her parents could have him busted. Too many details that needs for anything absolute. You want absolute? Tell him to keep his pony in it's stable until she turns 18.

    And no, emancipation does not happen in Utah.

    And if he gets her preggy, he's gonna have a quick dose of reality that'll last 18 or so years. No more partying. No more having fun. No more beer and pizza while watching football. He's gonna have to work his butt off to raise the kid. Raising kids ain't free.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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