• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I am 20 and she is 17

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

enderwarrior

Junior Member
What is the name of your state? New Jersey
I have looked on the internet and have read previous threads/posts and i am still unclear on wether or not i could essintially go to jail for having sex with my Girl friend we are exactly 3 years apart (birthdays in the same months) and her mother is not to fond of me. My worry is would her mother be able to go after me and get me in jail if she found out about that me and her have sex. I have read the laws but really i can not understand them.

And, i worry about this becuase she may be pregnaut its still early to tell, Any Helpful comments would be appreciated. We did take Plan B right after it happened but its been a week and she is alrdy a week n a half late on her irregular period. It was this late once before so we are still hoping.

Thanks
 


quincy

Senior Member
New Jersey recognizes the fact that teenagers have sex. Their laws are designed specifically, then, to prevent the sexual exploitation of young people, but not to punish teenagers who are in a non-exploitive sexual relationship.

The age of consent in New Jersey is 16. A 16 year old can legally consent to having sex - as long as the ages of the two having this sexual relationship are within 4 years of each other (less than 4 years apart). Therefore, a 16 year old can have a sexual relationship with a 19 year old but not a 35 year old, and a 17 year old can have sex with a 20 year old. And you can legally have sex with your girlfriend.

There are exceptions to this consent, however. One exception is for a sexual relationship where one person is in a supervisory role over the other (think camp counselor/camper or teacher/student). In that situation, consent rises from age 16 to at least age 18 but, depending on the circumstances, possibly up to age 21. In other words, a 16 year old cannot legally consent to have sex with his/her camp counselor, even if the counselor is only 3 years older.

It does not appear from your post that you and your girlfriend are doing anything illegal by having sex and/or a baby at your ages. The wisdom of having sex at such a young age, however, will probably come to you during the 3 a.m. feedings and diaper changes.

(the mother will have little luck bringing suit against you in New Jersey - the courts look to the partners' consensual sexual history together, among other things, and if you and your girlfriend have had consensual sex frequently together, you will more than likely not be charged for any sexual crime in New Jersey).
 
Last edited:

>Charlotte<

Lurker
Isn't it also true, however, that because the girl is a minor the parent(s) could obtain a restraining order against enderwarrior to prevent him from having any contact with her?

I understand, OP, that your question was specifically about the consequences of your sexual relationship, and apparently statuatory rape charges don't apply here, but I don't think that precludes the parent(s) from having the ability to keep you away from their daughter. I could be wrong, stay tuned in case anyone cares to confirm.
 

enderwarrior

Junior Member
Thanks, and you do bring up a good point on that fact, i know that she would not be able to keep me away from my child but it is possible she could keep me away from her daughter, though next september she will be 18 which is just about 9, 10 months. no say what would you do if you were worried that her mom might try and umm shoot you (becuase she does have a gun)...

again thanks for your appreciated replies
 

>Charlotte<

Lurker
Well, I wasn't thinking about her being pregnant. As far as I know, if a child is brought into the equation that might be a whole 'nother ballgame. I just wanted to comment that while you may not be vulnerable to any charges of a sexual nature, she is still a minor and her parents do still have some legal control over her.

what would you do if you were worried that her mom might try and umm shoot you
I'd get in the habit of walking in a zig-zag pattern when Mom's around.
 

quincy

Senior Member
A person who is under the age of 18 but who has a child, or is pregnant, can be considered an "emancipated minor". I believe, therefore, if she does not want her mother to restrict her contact with her boyfriend/father-of-the-child, her mother would have a tough time getting any judge to issue a restraining order.

Most New Jersey restraining orders are issued to protect a person from harm, and are usually issued in domestic violence cases. Since they are civil orders, there would be no criminal record for enderwarrior should one be issued but, if the mom has a gun, enderwarrior might be more likely to get a restraining order against her, than the other way around, I would think.

At any rate, I know OhioGal said that in Ohio a juvenile judge will issue the parents of a minor child a restraining order, to prevent a boyfriend from having contact with this minor child, but I am not so sure New Jersey, with their age of consent laws and such, would do the same, if the girlfriend is not, in fact, pregnant. Perhaps an attorney from New Jersey can answer that?

(love the "zig-zag" comment!)
 
Last edited:

>Charlotte<

Lurker
A person who is under the age of 18 but who has a child, or is pregnant, can be considered an "emancipated minor".
Ah, shoot. I actually knew that. Why is it I can never remember the important or interesting stuff, but I can remember arguing with my mother over a pair of orange shoes when I was six?

Thanks for the answer, Quincy.
 

Just Blue

Senior Member
A person who is under the age of 18 but who has a child, or is pregnant, can be considered an "emancipated minor
Quincy..This is not correct. The minor would be MEDICALLY emancipated only. She would still be under her mother care and control until she reaches her majority. If you think about it, by your quote above, a 12 year old girl that has a baby would be emancipated...And I know you know better than that. ;):)
 

>Charlotte<

Lurker
But wait....a seventeen year old girl could become emancipated due to her pregnancy, right? Wouldn't it depend on a judge agreeing to the emancipation? I wouldn't think a judge would emancipate a 12 year old, but....

Okay, now I'm all confused. I'm going to look this up.
 

quincy

Senior Member
Oops. :eek:

Thanks for the correction, baystategirl! :)

There are special provisions for those under 18 and pregnant, but I am not sure now what they are.
 
Last edited:

Just Blue

Senior Member
But wait....a seventeen year old girl could become emancipated due to her pregnancy, right? Wouldn't it depend on a judge agreeing to the emancipation? I wouldn't think a judge would emancipate a 12 year old, but....

Okay, now I'm all confused. I'm going to look this up.
No. The girl would be emancipated ONLY for her and her child's medical treatment. ONLY medical emancipation. As a matter of fact a Judge would never fully emancipate a minor if she had or was going to have a child. That is a clear cut example of the minors irresponsibility...And irresponsible minors DO NOT GET LEGALLY EMANCIPATED.
 

Just Blue

Senior Member
Oops. :eek:

Thanks for the correction, baystategirl! :)

There are special provisions for those under 18 and pregnant, but I am not sure now what they are.
Welcome...It's a common misconception. :)

I do believe that is the first time I have seen you post something wrong tho...So you have a great track record!!!! :cool:
 

>Charlotte<

Lurker
What I found indicates that in NJ emancipation can be obtained through military service or marriage, but not merely pregnancy.
 

quincy

Senior Member
Okay. I reviewed emancipation of a minor, and getting pregnant and having a child does NOT, as baystategirl correctly said, constitute emancipation. I MUST have been thinking medical emancipation (or NOT thinking. . . which is a distinct possibility, as well :))

What would constitute emancipation is if this girl no longer needed the support of her parents. Someone under the age of 18 can become self-emancipated, if they voluntarily abandon the parents' home and are physically and mentally able to care for themselves. And a judge can grant emancipation for someone under the age of 18. The deciding factor, though, in all emancipation, is the ability to take care of oneself without parental support.

Geez, how could I have gotten that so wrong? :eek: :eek: :eek:

(and, bay, I have been wrong with my answers before - but thanks for not noticing! :D)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top