Legal Question in Criminal Law in New York

order of protection for a minor

I was arrested, charged, and pleaded guilty to endangering the welfare of a child. I was given a condtional discharge and as part of that, an order of protection to stay away from the minor who is 16. She will soon be 17, and I think that is legal age of consent in NY. Can she have the order of protection removed? We are both females who want to persue a relationship. The order of protection and conditional discharge is for 1 year.


Asked on 5/14/03, 3:27 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: order of protection for a minor

I infer that that the reason you include the information on 'age of consent'is because you and the 'child' (person under the age of 18) wish to pursue an intimate relationship. Age of consent refers to the the criminal law and sexual relations without consent. As a child, a person does not have the legal ability to consent to sexual relations. Endangering a child is a criminal offense which, although used as a lessor offense for plea-bargaining purposes, does not relate to the issue of consent to sexual relations. And, again, the legal parent or guardian would have to consent to a petition to end the order of protection. However, if you are sincere in your commitment, do not give up hope. There are a variety of gay/lesbian groups that would likely assist you. Options include asking the DA office for assistence, having your 'very good friend' petition for emancipation, and others. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment 646-591-5786.

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Answered on 5/15/03, 6:14 pm


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