Legal Question in Criminal Law in New York

Re: Is rape, rape?

SIMPLE ANSWER IS YES.

IF YOU HAVE FURTHER QUESTIONS, YOU CAN CALL ME AT 201-646-9600.

SAVY GRANT

WWW.NJCRIME.COM

Re: Is rape, rape?

But the CORRECT answer needs a bit more verbiage.

Here is the law in New York.

NY State Penal Code Section 130.25 (2) states

"A person is guilty of rape in the third degree when - Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old."

This is a Class E Felony.

Unless this a reeeeeeealy old question, my guess is that you are still under 21. If you were 21, your girlfriend would be 19 anyway... but let me not digress.

Teenagers have sex with teenagers. It happens. Honestly. The law knows this. So it tries to be somewhat realistic and gives young horny people a break.

But let's say you were 21 and your love interest were 16. First, I'd have to say that you have some real issues, but yes, you would be breaking the law. Would you go to jail? Well, as in all crimes, you must first be found out and caught. Then it would have to proven that you had sexual intercourse with the youngster. And sometimes a issue comes in when the younger person's parents are OK with the coital set-up.

When I was a prosecutor I ran up against this on occassion. It was very hard to get a conviction on such a case when the defendant would call the victims parents to the stand and they would say "What? This is a problem? Feh!" This of course does not mean that pedophiles should go out there and try to coerce parents into giving favorable statments; that will just open up a whole new can of penal law violations. But my ultimate point, my frisky friend, is that this type of thing can be rather subjective. The bottom line is here that this law is trying to protect young, impressionable people.

From what you have said here is does not seem that you have committed any crime here in NY. But be careful if you take your love show on the road!

And please remember this one important thing - Always bring a raincoat.