Is it legal for me to date a girl that is 15 if I am 18?
Full Question:
I am 18 and want to date a girl that is 15. I will be 19 2 months before she turns 16. Is that ok or is illegal?
10/18/2007 |
Category: Minors |
State: Missouri |
#10536
Answer:
The applicable Missouri statutes are as follows:
566.020. Mistake as to incapacity or age — consent not a defense, when. —
1. Whenever in this chapter the criminality of conduct depends upon a
victim's being incapacitated, no crime is committed if the actor reasonably
believed that the victim was not incapacitated and reasonably believed that
the victim consented to the act. The defendant shall have the burden of
injecting the issue of belief as to capacity and consent.
2. Whenever in this chapter the criminality of conduct depends upon a
child being thirteen years of age or younger, it is no defense that the
defendant believed the child to be older.
3. Whenever in this chapter the criminality of conduct depends upon a
child being under seventeen years of age, it is an affirmative defense that
the defendant reasonably believed that the child was seventeen years of age
or older.
4. Consent is not an affirmative defense to any offense under chapter 566
if the alleged victim is less than twelve years of age.
566.032. Statutory rape and attempt to commit, first degree, penalties. —
1. A person commits the crime of statutory rape in the first degree if he
has sexual intercourse with another person who is less than fourteen years
old.
2. Statutory rape in the first degree or an attempt to commit statutory
rape in the first degree is a felony for which the authorized term of
imprisonment is life imprisonment or a term of years not less than five
years, unless in the course thereof the actor inflicts serious physical
injury on any person, displays a deadly weapon or dangerous instrument in a
threatening manner, subjects the victim to sexual intercourse or deviate
sexual intercourse with more than one person, or the victim is less than
twelve years of age in which case the authorized term of imprisonment is
life imprisonment or a term of years not less than ten years.
566.034. Statutory rape, second degree, penalty. —
1. A person commits the crime of statutory rape in the second degree if
being twenty-one years of age or older, he has sexual intercourse with
another person who is less than seventeen years of age.
2. Statutory rape in the second degree is a class C felony.