Legal Question in Sexual Harassment in New York

consual sex

Is it legal for a fifteen year-old to have consensual sex with an eighteen year old?


Asked on 12/01/06, 4:45 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: consual sex

In New York State, the age of consent is 17. An 18-year old having sex with a 15-year old is not considered consensual and is considered statutory rape. If you need further assistance, please contact me via email.

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Answered on 12/01/06, 4:47 pm
Jason Stern Law Offices of Jason Stern

Re: consensual

According to Article 130 (Sexual Offenses) of the New York Penal Code, if the perpetrator is over 21 years old and the victim is under 17, this is known as third degree rape; if the perpetrator is 18 or older and the victim is under 15, then this is second degree rape; and, if the victim is younger than 11 years of age, then first degree rape has been committed.

The severity of the punishment varies according to the charge. In New York State, third degree rape has a maximum sentence range of 3 - 4 years in prison; second degree rape has a maximum sentence range of 3 - 7 years; and, first degree rape has a maximum sentence range of 6 - 25 years. Of course, sentencing also depends on multiple variables of each individual case and therefore, may or may not follow these sentencing guidelines.

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Answered on 12/01/06, 4:53 pm


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