"My daughter is only 14 and he is 17. Can he be charged?"
*** Stupid as it may sound, a review of the PA statutes shows that this may not be a crime at all. The key is that the person must be under 16 (as in your daughters case), but he must be four or more years older. Since he is 17, then it may not be a sexual crime.
PA Crimes and Offenses, Chapter 18:
"§ 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."
source:
http://www.ageofconsent.com/pennsylvania.htm
http://www.students.haverford.edu/masar/documents/PARapeLaws.pdf
He could also be in violation of:
"§ 6318. Unlawful contact or communication with minor.
(a) Offense defined.-A person whether within or without this Commonwealth commits an offense if he, knowing that he is contacting or communicating with a minor within this Commonwealth, intentionally contacts or communicates with that minor for the purpose of engaging in activity prohibited under any of the following:
1. Any of the offenses enumerated in Chapter 31 (relating to sexual offenses).
2. Open lewdness as defined in section 5901 (relating to open lewdness).
3. Prostitution as defined in section 5902 (relating to prostitution and related offenses).
4. Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances).
5. Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children).
(b) Grading.-A violation of subsection (a) is:
1. an offense of the same grade and degree as the most serious underlying offense in subsection (a) for which the defendant contacted or communicated with the minor; and
2. a misdemeanor of the first degree;
whichever is greater.
(c) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Contacts or communicates with."
Direct or indirect contact or communication by any means, method or device, including contact or communication in person or through an agent or agency, through any print medium, the mails, a common carrier or communication common carrier, any electronic communication system and any telecommunications, wire, computer or radio communications device or system. "Minor."
An individual under 18 years of age."
In any case, I would be in contact with your local law enforcement agency.... and have a very serious talk with your daughter.
