Legal Question in Criminal Law in Michigan

age consent

is it illegal for a 22 year old male to be with a 16 year old female


Asked on 10/24/07, 12:02 pm

2 Answers from Attorneys

Re: age consent

It's kind of sick. It sounds like a case of a pedophile.

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Answered on 10/24/07, 1:08 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: age consent

Unlike the first response ... I will answer YOUR question. (I think the first person answered a different question, such as whether the conduct is 'immoral'.)

No, it is not "illegal". Michigan has an "age of consent" law that allows people 16 or older to consent to sexual conduct.

One warning at this point: there's another law called the Child Sexually Abusive Material laws that you WOULD be violating if you take pictures, videos, etc. of this under-18-year old child in a sexual act (as broadly defined in those statutes). And you'd better not distribute or display those images to other people, because that results in higher penalties.

However, this minor is not legally emancipated (which occurs automatically at age 18, or when the parents allow her to marry, or when a probate court 'judicially emancipates' her after determining that she can take total care of herself ... whichever occurs first). So she is still subject to follow her parents' reasonable orders ... such as "live in our home and stay away from the 22 yr old!". Here is where conflicts arise: the parents try to instill morality and common sense in a child by telling her to NOT be in a relationship with an adult ... but you (the adult) focus on your selfish needs and use the Age of Majority Law to try to over-ride the parents' reasonable efforts to protect their child and turn the child's mind away from her parents.

You ought to do some soul-searching and decide why you are "with" a child of that age, and not someone who is more of a peer??? Also, why you cannot wait until she becomes a legal adult (at 18)??? Is she in school (and does the fact that you are 'with' her interfere with her education ... and possible further education)???

Are you going to take total care for her, provide all of her material needs ... be an involved, supportive father to your children???

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Answered on 10/24/07, 2:37 pm


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