Legal Question in Discrimination Law in New York

Is you birthday legally the day before your BD on your Drivers License

It is something that I heard before....that for example I would turn 21 the day before my birthday. Is this true?

I'm taking a law class and situation came up where 16 year old girl had sex with an fifteen, 11 month, 29 day old boy? Is there anything wrong with this?

In NY state by the way.

Thanks


Asked on 3/30/06, 3:23 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Is you birthday legally the day before your BD on your Drivers License

I have to say this is a novel question, I have NEVER heard of such a thing as being legally a day younger than you actually are.

HOWEVER, to answer your question the age of consent in NY is 17 (for sex purposes) hence both children are under the age of consent regardless of if they're a day below or not. NEITHER of the children could legally consent to having sex, nor could they as a result be prosecuted for any criminality so long as there were no issues of forcible rape.

GENERALLY also NY has adopted a 5 year rule, wherein if the minor person engages in sexual acts, with consent, and the other individual is within 5 years of their age there usually is a decliniation to prosecute the case regardless, so for several reasons your case would really have no merit.

Hope this helped, feel free to contact me regarding this or any other matter.

Carlos Gonzalez, Esq.

7185419077

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Answered on 3/31/06, 12:30 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Is you birthday legally the day before your BD on your Drivers License

I the age of consent for the girl is 16, then SHE is guilty of the crime. otherwise, without the legal capacity to consent, neither is guilty of anything.

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Answered on 3/30/06, 3:26 pm


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