Is it legal for a 31 yr old to have sex with a 17 year old

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31 yr old male and 17 yr old female

Attorney Answers

3
Jared Austin ·
The age of consent for sex in Michigan is 16 so the answer to your question would be provided it is 1) consensual, and 2) none of the exceptions apply (you are in a position of authority such as a teacher, closely-related blood relative, she lacks the mental capacity to consent...). However, just because it is legal doesn't mean it's a good idea or there won't be other bad consequences as a result. Since she's still a minor her parents could get a personal protection order against you. Also-- something that is very important that not many realize until it is too late. Even though the age of consent for sex is 16, "sexting" is still illegal under child porn laws under she is the age of 18. Many make that major mistake to their detriment until it's too late. I'm not telling you what to do but having a relationship with a minor and a 14-year age difference probably isn't a good thing-- legal or not.
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Robert H. GermanDUI / DWI AttorneySpring Lake, MI ·
Under most circumstances the answer is a 31 year old can have sex with a 17 year old. While it is legal it may not be appropriate but that has nothing to do with your question. There are some exceptions such as teachers of public or non-public schools, certain employees at public or non-public schools, foster parents, an incapacitated person, disabled person, mentally incapable person, physically helpless person or if force or threats of force or coercion are used. As you can see, what appears to be a simple question is really not because of all of the possible caveats. While back in the early years of our country such as in the 1700's, an older male having sex with a younger female was much more common than it is today. My personal opinion is that anyone older than 20 who has sex with a girl who is 17 may draw unwanted attention to himself. An angry father or angry mother may try to cause problems for the 31 year old male. The general age of consent is 16 years of age. But as you can see in the above-listed exceptions, having sex with a 17 year old when you are 31 years old can be risky. The statutory rape laws do not get applied equally because if the 17 year was a male and the 31 year old a female, most would pat the 17 year old on the back and congratulate him for being a man. However once again that is not the issue you asked about. To learn of all of the exceptions concerning this issue, I direct your attention to MCL 750. 520 et al. Good luck.
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Charles Kenyon ·
See http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#Michigan. As able Michigan counsel has pointed out, although the age of consent is 16, there can be problem areas where that does not matter.
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