Legal Question in Criminal Law in Michigan

Legal Age For Sex

My question that I have is if it is illegal for someone at the age of 17 to have sexual intercourse with someone at the age of 15. I tried to find it online and find out for my self, but I couldn't find what I was looking for and when I went to MichiganLaw and there was a link that brought me to this site to be able to ask my question.


Asked on 2/28/08, 9:14 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Legal Age For Sex

A person under the age of 16 cannot consent to have sexual activity of any kind. Period. Anyone who has sexual activity wih someone under 16 is risking being charged with CSC, and being on a sex offender database for at least 25 years.

That said, prosecutors have discretion in whether we do charge. Some times, we will not charge when it's a dating relationship and there isn't a big age gap, there's no force/coersion involved, etc. But, that's not an across-the-board rule, so don't take that as a guarantee. Other prosecutors will charge in all cases where there is under age sex. I have even heard of cases where they charge both kids who are under age and having 'voluntary' sex with each other.

You also have to ask yourself if you are willing and able to take on the responsibilities of the consequences of having sex (raising a baby, financially supporting the child, being a nurturing parent, etc.). You as a 17 year old and her being 15??? Fuggedaboudit.

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Answered on 2/28/08, 9:47 am
William Morrison Action Defense Center

Re: Legal Age For Sex

I

MCL 750.520d Criminal sexual conduct in the third degree; felony.

Sec. 520d.

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:

(a) That other person is at least 13 years of age and under 16 years of age.

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Answered on 2/28/08, 9:11 pm


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