Legal Question in Criminal Law in Michigan

Age of consent to sexual conduct

"Age of consent" means just that -- a person who has reached an age set by law that gives the person the legal capacity (ability, authority, power) to agree/consent to participate in sexual activity. Before then, the youth does not have that authority and cannot give consent. Anyone engaging in sexual conduct with that minor is at risk of being charged with Criminal Sexual Conduct (http://www.eatoncounty.org/prosecutor/define.htm#CSC).

Michigan's age of consent to sexual conduct is 16.

There's another law called the Child Sexually Abusive Material laws (MCL 750.145c) that would be violated if pictures, videos, etc. are taken of an under-18-year old child in a sexual act (as broadly defined in those statutes: sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity). If the pictures are distributed or displayed to other people, higher penalties can be imposed. So, a person can be old enough to consent to sex (16 or 17) but it'd be a crime to take pictures/videos of that person in a sexual act.

Another issue is that someone who's 16 or 17 may be 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 (the minor is old enough to say 'Yes' ... but the parent says "While you're living under MY roof ..."). That conflict might bring the Family Court into the mix with the parents claiming that the minor is "incorrigible", which is a legal basis for the court to "take jurisdictioon" of the under-18-year old.

People usually become emancipated by simply turning 18 years old. Other minors become emancipated by getting married (with parental approval). Minors under 18 can also petition the probate court to become emancipated even without parental approval (1968 PA 293; MCL 722.1 et seq), but it is a very difficult thing to do. Judges are reluctant to do this unless the kid is emotionally mature and financially capable of caring for or providing for him/herself without the parents. For more information about emancipation, go to http://www.eatoncounty.org/prosecutor/define.htm#emancipation