Legal Question in Criminal Law in North Dakota

Re: Sex between a 16 1/2 yr. old & a 34 yr. old?

Since it happened in North Dakota, the law of that state would apply, not the law of Minnesota. If there is any applicable federal law, that could apply as well.

By way of reference point, however, in Minnesota the age of consent to marriage is 18, but is 16 with parental or court approval. Minn. Stat Section 517.01. In Minnesota, premarital sexual intercourse is a crime "fornication" (regardless of age or consent) though I have never heard of that archaic statute being enforced -- and most people seem to have premarital intercourse in our culture. Minn. Sat. Section 609.34. Under Minnesota's Criminal Sexual Conduct statutes, Sections 609.341 - 609.353, it appears that consensual sexual intercourse with a person age 16 and older is not a crime unless certain special relationships or circumstances exist, such as "position of authority," "significant relationship," "psychotherapist," "spiritual advice," "member of clergy," "deception ... for a medical purpose," "employee, independent contractor, volunteer of a state, county, city or privately operated ... correctional system," etc. Read the statutes for details and definitions.

You would be well advised to retain and consult with a lawyer in North Dakota, where it happened, to discuss these issues, any applicable statute of limitations, etc. Since it happened in North Dakota, then Minnesota laws would not apply to those events. Rather, North Dakota and federal law would. Depending upon facts you have not disclosed here, it seems possible that you could be charged with a crime. Therefore, consult with a North Dakota lawyer, before making statements to police. Also, it is unwise to publish admissions to such matters over the internet like this. Internet communications are easily intercepted and traced. Good luck.