3rd degree sexual offense?

[Asphodel]

i'm living in maryland and the guy that i'm seeing lives in pennsylvania. i understand that the age of consent in both states to be 16, but i cant seem to find out infotmation about whether there is a limit on the age gap. im 17 and he's 25, so would sexual activity still be legal?

 

[JETX]

i'm living in maryland and the guy that i'm seeing lives in pennsylvania. i understand that the age of consent in both states to be 16, but i cant seem to find out infotmation about whether there is a limit on the age gap. im 17 and he's 25, so would sexual activity still be legal?

The fact that you are 17 precludes any further 'age gap' issues. However, that does NOT waive the possibility of 'delinguency of minor' (or similar) charges, if applicable.

 

[Bravo8]

Under PA law, the age of consent is 16 when the other party is no more than 4 years older. So you're 17, he cannot be more than 21. Since he's 25, it's statutory rape.

Even if he were not more than 4 years older, JETX is correct - other charges may apply.

 

[JETX]

Under PA law, the age of consent is 16 when the other party is no more than 4 years older. So you're 17, he cannot be more than 21. Since he's 25, it's statutory rape.

According to my research, the PA statute for 'statutory rape' (§ 3122) has been repealed and there is no longer such a charge in that state. The only other applicable law would be statutory sexual assault (see below) and the four year age difference is only relevant if the 'victim' is under 16 years of age.

"§ 3122.1. Statutory sexual assault.
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other."

The applicable chapter of the PA Statutes can be found online at: http://members.aol.com/StatutesP1/18.Cp.31.html

 

[Bravo8]

You are correct, I misread the statute. Thanks for correcting me.