Legal Question in Criminal Law in Tennessee

Do the laws of consent apply to out-of-staters?

The legal ages of consent are difrent in each state. If some one were to go to another state would the consent laws of that state apply to them or would the laws of there origional state apply?


Asked on 9/19/99, 6:45 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Do the laws of consent apply to out-of-staters?

A state can only punish you for your behavior in THAT state, so if the age of consent were 18 (as it is here in Tennessee) and you took your 17-year-old girlfriend across the state-line to have sex with her because the age of consent was 16 there and that is the only state where you did have sex with her, you could not be prosecuted for rape by Tennessee since you would have had sex with her in the second state.... and the second state could not prosecute you for statutory rape because she was legally of age and could consent.

BUT Tennessee and the second state could BOTH prosecute you for Contributing to the Delinquency of a Minor.... and you could also face federal prosecution and time in a federal prison for violation of the "Mann Act" by transporting a woman across state lines for "immoral purposes".... in other words crossing state lines for the purpose of either having sex with her or to make her available for prostitution for others to have sex with her.

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Answered on 9/26/99, 1:53 pm


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