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Q: under 18 - again. ( Answered,   2 Comments )
Question  
Subject: under 18 - again.
Category: Relationships and Society > Law
Asked by: curious369-ga
List Price: $25.00
Posted: 04 Sep 2005 18:04 PDT
Expires: 04 Oct 2005 18:04 PDT
Question ID: 564295
I am a resident of Florida, where the age of consent
is 18 years old.

If I am visiting NY, (where the age of consent is 17) 
may I engage in sexual activity with a 17 year old girl? 
(I am over 25).

thanks.

Clarification of Question by curious369-ga on 04 Sep 2005 18:49 PDT
p.s. the girl is a resident of NY.
Answer  
Subject: Re: under 18 - again.
Answered By: tutuzdad-ga on 06 Sep 2005 18:07 PDT
 
Dear curious369-ga;

According to the New York Penal Code Chapter 130 ?S 130.05 Sex
offenses; lack of consent.?, a person is legally capable of consenting
to sexual act at the age of seventeen provided that person is not
mentally or otherwise unstable in such a way that would prevent them
from making such decisions or make them physically or mentally
incapable of consenting to sex. I am no lawyer and we cannot provide
legal advice in this forum, but what I can do is point out a matter of
published law. So, according to published law, it is legal for an
adult man of any age to engage in a consensual sex act with a female
who has attained the age of seventeen years.

NEW YORK STATE CONSOLIDATED LAWS
http://assembly.state.ny.us/leg/?cl=82&a=29


Furthermore, it does not matter if the man, the woman, or both persons
are citizens of New York or are actually citizens of some other state
and just happen to be visiting New York. While in the state of New
York the laws of New York apply to their behavior.

If you have ANY QUESTIONS about my research please post a
clarification request prior to rating the answer. I will be glad to
elaborate on my research if necessary.

Otherwise, I welcome your rating and your final comments and I look
forward to working with you again in the near future. Thank you for
bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


OTHER INFORMATION SOURCES

NEW YORK STATE CONSOLIDATED LAWS
http://assembly.state.ny.us/leg/?cl=82&a=29

ALLIANCE
http://www.nycagainstrape.org/survivors_legal.html




SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:

New York

Consent

Age

Sex offenses

Lack of consent

Penal code

130

Clarification of Answer by tutuzdad-ga on 06 Sep 2005 19:08 PDT
I also want to be sure and address the commenter's statement below:

The PROTECT ACT OF 2003 (signed into law on April 30, 2003) authorizes
fines and/or imprisonment for US citizens or residents who engage in
illicit sexual conduct abroad. For the purposes of this law illicit
sexual conduct includes **COMMERCIAL SEX** with anyone under 18, and
all sex with anyone under 16.

Commercial sex is understood to be "paid" or arranged sex, not a legal
consensual sex act between two sane, able bodied, able minded
individuals. Having said that, the law mentioned by the comenter below
does not apply in this situation BECAUSE THIS SITUATION DOES NOT
INVOLVE COMMERCIAL SEX as an element of the question.

tutuzdad-ga

PROTECT ACT OF 2003
http://www.answers.com/main/ntquery;jsessionid=50253uldts79s?method=4&dsid=2222&dekey=PROTECT+Act+of+2003&gwp=8&curtab=2222_1&sbid=lc04a&linktext=PROTECT%20Act%20of%202003

Clarification of Answer by tutuzdad-ga on 08 Sep 2005 15:52 PDT
Apparently someone else has expressed an interest in this common logic
but I will offer it up in case it is also an interest of yours:

"The courts of the U.S. states only have jurisdiction over cases
brought under the law of their own state. They have no authority to
provide a forum for the prosecution of violations of U.S. federal
laws, or the laws of another state."
SIDEPOINT
http://www.sidepoint.com/articles/Criminal_jurisdiction

WIKIKPEDIA
'CRIMINAL JURISDICTION'
http://en.wikipedia.org/wiki/Criminal_jurisdiction

WIKIPEDIA
'COMMON LAW'
http://en.wikipedia.org/wiki/Common_law

I hope this clarified for everyone

Regards;
tutuzdad-ga
Comments  
Subject: Re: under 18 - again.
From: myoarin-ga on 05 Sep 2005 05:48 PDT
 
HI Curious,
Your Clarification would be a topic for a new question, but it has
already been answered in you previous question:

""Federal law forbids crossing state lines or international borders
with the intent of having commercial sex with a person who is under
18, or any sex with a person who is under 16 and at least 4 years
younger than the perpetrator."
URL: http://www.answers.com/topic/age-of-consent"

Myoarin
Subject: Re: under 18 - again.
From: myoarin-ga on 07 Sep 2005 05:53 PDT
 
Of course, Tutuzdad-ga.  Thanks for troubling to clarify.  I should
have myself, but assumed that the questioner would understand that the
US law was not applicable.
Myoarin

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