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contribution to delinquency of a minor??

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K

Kelly Wisconsin

Guest
What is the name of your state? Wisconsin

I am searching for anyone who might be able to guide us relative to the legal items associated with the situation described below.

A 17 year 4 month old female runs away with an 18 year old boyfriend. they have since come home but we are looking into the possibility of filing charges against him for accompanying a minor across state lines. We have hotel receipts etc. to prove that they were in many different states. But because of her age and the fact that she will be 18 soon, and was a willing participant,we are unclear as far as whether he can be charged with any crime. Can someone please advise before we do all of the work buidling our case if in fact we have nothing.

Thank you
 


JETX

Senior Member
The age of sexual consent in Wisconsin is 18. And it would appear that his conduct may be a violation of Wisconsin
"948.09 Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor."

However, Wisconsin statutes are a little contradictory as to what is a 'child' and prosecution involving a child.
'Child' is defined by:
"948.01(1)
(1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years."

From your posting about the interstate travels, it would appear you are considering a violation of the federal 'Mann Act' (18 USC § 2421 et
seq.). That would not apply since he did not transport her for "immoral purposes" (prostitution).
 
K

Kelly Wisconsin

Guest
contributing to the delinquency of a minor

JETX - thank you for your response. As you can already see, I know nothing about law, I am simply a concerned parent and in this case Aunt and sister. Is there anything about the out of state travel and paying for the expenses along the way by the 18 year old that would help with something like "aiding and abedding"?
 

JETX

Senior Member
"Is there anything about the out of state travel and paying for the expenses along the way by the 18 year old that would help with something like "aiding and abedding"?"
*** No. You cannot 'aid and abet' yourself in the act of a crime.
 
P

pass23431

Guest
And if your intrest, is actually within the best interests of this "17+4mos old female who has now returned home, lacking any other pertinent information, my advice to you, is to let it go at that, and not to seek legal action against her ? 12 month maybe senior boyfriend for spiteful reasons which will do nothing but drive her further away.
 
K

Kelly Wisconsin

Guest
juvenile runaway

Dear past23431:

Our intentions are simply to gather facts about possible charges we do not intend to implement or file any at this point. We want them to see that we are serious if they try to do this again, and we are. thank you for your input.
 

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