Legal Question in International Law in California

what would happen if an adult with non US nationality and a minor age 15 ( I think nationality doesn't matter here, but if it matters make it a US nationality ), having met both on the continental US would embark in the US on a boat with mexican ( or any other nation with similar age of consent ) flag, leave US jurisdictional waters for an undeterminated amount of time ( might be one hour might me 2 days ) and have consensual sexual relations in that elapse of time and on international waters, then return to the US jurisdictional waters

could this person be prosecuted for statutory rape?, would he face any legal problem for "leaving" the US with a minor without the parents knowing?, in this case they were all the time on the boat, they never set foot or entered jurisdictional waters from any other country


Asked on 9/25/14, 12:38 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

I think you over complicated the question. It frankly depends on who has jurisdiction. This is a niche area of law and not my expertise. But that said, and in general, the ship will be governed by the laws of the country under which flag is raised. in certain cases, other nations can exercise jurisdiction.

You allude to a couple potentially very serious crimes here. One is statutory rape. The other is illegally transporting a minor across state or nation boundaries. I suspect the potential for kidnapping exists as well in this context.

You should consult a criminal lawyer ASAP and make sure you are clear on these issues here and create a best course of action. Should you be contacted by anyone especially law enforcement you should say NOTHING until you have consulted your own lawyer.

All the best,

Frank

Natoli-Lapin, LLC

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Answered on 9/25/14, 12:47 pm


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