Hi I'm a 18 year old , male resident of new york state. I've gotten mixed signals from the Internet about new york's sexual consent laws. I tend to talk an flirt with younger girls, no younger than 16. I just would like to know that if things ever get serious and we end up having intercourse will I face legal reprecautions? Any information would be greatly appreciated. Thank you
Third degree criminal sexual act includes oral sexual contact between a minor who is younger than 17 and a defendant of any age. This offense is a Class E felony, which incurs up to four years in prison.
Third degree sexual abuse includes sexual contact between a minor who is 15 or 16 years old and a defendant who is at least five years older than the victim. This offense is a Class B misdemeanor, which incurs up to three months in jail. (Does not apply to you)
Sexual misconduct includes oral or anal sexual contact or sexual intercourse with someone who is younger than 17. Prosecuted as a Class A misdemeanor, penalties may include up one year in jail.
So, you could be charged with § 130.20 Sexual Misconduct and possibly Penal § 130.40 Criminal sexual act in the third degree.
Any sex with a person under the age of 17 is a crime and could result in sex offender registration. If less than 4 years apart it won't be a felony but is still a crime and very serious. I suggest you start flirting with girls your own age.
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
It is a crime to have oral or anal sexual conduct or intercourse with anyone under 17 in NY. The 4 year age difference only applies to the statutory rape charge not other crimes such as sexual misconduct.
Not only is the age of consent seventeen (17), NY is a strict liability state. This means that even if your partner told you she is 19 or showed you (what turns out to be) fake ID, but is in reality underage, you have exposure. As a result, take every step possible to insure that your partner is of legal age.
