Legal Question in Family Law in Michigan
minors, marriage, sex
In michigan a person can marry with parental consent at 16, but also in michigan it's illegal to have sex with someone 16 unless you're 20 or younger. If a 16 year old and a 24 year old marry, is post-marital sex somehow legal?
1 Answer from Attorneys
Re: minors, marriage, sex
Michigan law says that a �marriage in this state shall not be contracted by a person who is under 16 years of age, and the marriage , if entered into, shall be void.� Michigan Compiled Laws 551.51.
A person can be convicted of criminal sexual conduct in the third degree (once known as �statutory rape�) if the person engages in sexual penetration with another person and if that other person is at least 13 years of age and UNDER 16 years of age. Michigan Compiled Laws 750.520d.
HOWEVER, Section 750.520l provides that �a person may NOT be charged and convicted solely because his or her legal spouse is under the age of 16, mentally incapable, or mentally incapacitated.
Hypothetical: Michigan does not permit marriage of a person under 16, but let�s suppose that State �X� does permit marriage at age 14. The couple becomes legally married in State �X� and moves back to Michigan. No criminal charges can be brought.
Hope this helps.
Tom Weiss
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