Legal Question in Criminal Law in Michigan

Age of Consent

OK in Michigan the age of consent is 16, but what does that mean. Does it mean it is legal for them to have sex?

I am 18 and I'm dating a 16yo we have not done anything for fear of getting in trouble.

What does the age of consent say it is ok to do in what situation?

Basically explain the ''age of consent law''

Please & Thank You


Asked on 4/10/04, 2:15 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Age of Consent

"Age of consent" means just that -- a person who has reached his/her 16th birthday has the legal capacity (ability, authority, power) to agree/consent to participate in sexual activity. Before then, the youth under 16 years old does not have that authority.

So, you and your girlfriend can now legally engage in sexual activity. That's the legal answer.

Of course, moral issues, societal norms, family/parental issues, consequences, etc. still have to be considered and addressed. Someone who's 16 or 17 is old enough to legally consent to have sex, but is not yet legally emancipated, and is usually living at home and subject to obeying his/her parents' lawful commands. Those two legal settings result in a lot of conflict ("I'm old enough to say 'Yes', Mom/Dad!" ... but the parent says "While you're living under MY roof ...")

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Answered on 4/12/04, 8:43 am


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