Legal Question in Criminal Law in Michigan

Is it CSC?

If a 16 year old male and a 30 year old female have sex is it a crime in Michigan? What if the female becomes pregnant?


Asked on 2/13/09, 12:07 pm

4 Answers from Attorneys

James Schmier Law Office of James G. Schmier, PLLC

Re: Is it CSC?

It's not a crime for the 15 year old but it is for the female. Plus she ends up on the front page of the newspapers.

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Answered on 2/13/09, 12:41 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Is it CSC?

I think that that first attorney mis-read your question. You did not ask about a "15 yr old" ... you asked about a "16 yr old", and that difference makes all the difference.

No, it is not a crime for a 16-yr old and someone that old or older to have sex, or even if a pregnancy results, AS LONG AS both parties are consenting to the conduct, there's no force/violence, etc. Michigan's age of consent is 16, so anyone under 16 lacks the legal capacity/authority TO "consent". Someone 16 or older can legally consent.

Aside from that, as a practical observation, it's pretty stupid for a 30 yr old woman to have unprotected sex with a 16 year old because she's not going to get any financial support for years. The "father" is not yet emancipated ... he's still a minor (a child) in the eyes of the law. Making a baby does not result in legal emancipation. The unemancipated baby's "father" still must obey his parents' reasonable orders, and the boy's parents' orders may well conflict with what the baby-momma wants to do. Trouble will follow -- with the boy/baby-daddy caught in the middle.

The boy can petition the family court to become emancipated, but will have to prove that he's got the emotional maturity and is financially SELF-sufficient enough to not require his parents' care and support. Not an easy thing to do. Indeed, the vary act of fathering a child out-of-wedlock with someone like you've described may be evidence of emotional INsecurity.

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Answered on 2/13/09, 1:14 pm
William Morrison Action Defense Center

Re: Is it CSC?

[If a 16 year old male and a 30 year old female have sex is it a crime in Michigan?]

No, not if she's in her right mind (not mentally impaired or dead drunk) and absent any pornography recording the activity. 30 year old women who have sex with children are usually not in their right minds.

What if the female becomes pregnant? Well now, the first question indicates the female has a complete lack of judgment and common sense.

The pregnancy issue indicates that both of you risk beginning a pathetic existence which neither of you seem to have the capacity to handle - usually meaning others (social workers, lawyers, courts) are eventually going to have to clean up your mistakes.

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Answered on 2/13/09, 3:08 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Is it CSC?

No, because 16 is the age of consent. Pregnancy makes no difference if you are 16 or older.

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Answered on 2/14/09, 8:55 pm


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