Legal Question in Sexual Harassment in New Mexico

Lets say hypothetically I'm dating a girl (currently 15) who turns 16 on Nov. 15, 2012 and I turn 18 on Jul. 23, 2012 (both residence of New Mexico). I'd just like to know whats legal between us in the time Im 18 and she is still 15. Or whats legal between us even after she turns sixteen, for example, can we still "talk" (speak to each other in a way that suggests we are dating, or otherwise, that she is my girlfriend, and I her boyfriend whether it be verbal or over text message), flirt ( speaking to each other romantically whether in person or over text message), hold hands, kiss, date, etc. and we refrain from any sort of sexual act (including "sexting") Or would I have to request permission from her parents to do all of these things? And also (hypothetically speaking) if we decide to have sex, it would still be considered statutory rape because of New Mexico's lack of "Romeo and Juliet Laws" correct?


Asked on 4/28/12, 11:25 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

It is not possible to have legal sexual relations with any female under the age of 18 in NM. Period. Also, any online "flirting" which could be interpreted as contributing to the delinquency of a minor, could put you at risk of criminal charges. Having a GF at any age is not a crime, but is so terribly risky that no sane person will do so. People are changeable. Should a minor become upset and accuse someone 18 or over of any sexual activity, that person could be in deep trouble. There is no way around it. Wait.

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Answered on 4/30/12, 6:05 pm


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