can two minors live together?

[ameren186]

In idaho, can a 17 year old male move into his 16 year old girlfriends house? can he if they have parental consent? is there anything illegal about this if they have parental consent?

 

[Proserpina]

In idaho, can a 17 year old male move into his 16 year old girlfriends house? can he if they have parental consent? is there anything illegal about this if they have parental consent?

The age of consent in Idaho is 18. The parents - both sets - can actually end up in legal trouble if they allow the minor children to have sexual relations.

(And seriously - if they're living in the same house together the court is not likely going to believe that they're NOT having sex)

It's also absolutely lousy parenting.

 

[mistoffolees]

The age of consent in Idaho is 18. The parents - both sets - can actually end up in legal trouble if they allow the minor children to have sexual relations.

That's true, but it's not clear that any crime would be committed in OP's case since Idaho's laws are strange:
I started doing research and got conflicting answers, so I'm not 100% convinced of the answer. However, one legal site says:
Idaho Age of Consent Lawyers | LegalMatch Law Library

In Idaho, the age of consent to engage in sex is 16 for women, and 18 for men. It is one of the few states which have different legal ages of consent for men and women. Under the Idaho system, a 16 year old female who has sex with a 17 year old male is technically committing a crime.

Interestingly, in this case, the girl would be the offender and the boy would be the victim.
Since other sites say that the age of consent is 18, but are unable to specify any statute that shows a crime has been committed (for example, using Wikipedia, no crime would occur), I'm going to temper your statement by saying a crime would PROBABLY be committed.

(And seriously - if they're living in the same house together the court is not likely going to believe that they're NOT having sex)

It's also absolutely lousy parenting.

Absolutely. And for a lot more reasons than just sex.

 

[NellieBly]

A 16 year old girl has a house?

 

[ameren186]

A 16 year old girl has a house?

her parents house. sorry

 

[ameren186]

i've also seen laws that state that if two minors have parental consent and are at least 16 then sex is not illegal.

is there any truth to this?

 

[cbg]

No.

The parents cannot give their minor child permission to break the law. If the age of consent is 18, and in your state it is, then your parents could give you a signed, notarized, written statement of consent, pay for the hotel room, buy the condoms and high-five you on the way into the lobby, and it would STILL be illegal if you were even one minute under 18.

 

[mistoffolees]

i've also seen laws that state that if two minors have parental consent and are at least 16 then sex is not illegal.

is there any truth to this?

Not in Idaho.

(Actually, it's not true in any state that I know of, either. I would think that it would fall under the realm of "parents can't arbitrarily decide that their kids can break the law".)


Oops, cbg beat me to it.

 

[Alex1176]

i've also seen laws that state that if two minors have parental consent and are at least 16 then sex is not illegal.

is there any truth to this?

The only way to avoid legal troubles, as far as I see, is to get married. Off course you will need your parents consent.

 

[mistoffolees]

The only way to avoid legal troubles, as far as I see, is to get married. Off course you will need your parents consent.

Please provide a reference to back up your claims - or stay and learn before posting.

Marriage MAY BE a defense against statutory rape charges in ID, but not under all circumstances. In fact, have a look at this:
Man charged with statutory rape of teen he married | OregonLive.com

Furthermore, as I stated earlier, I'm getting conflicting information about Idaho's laws, so I would not suggest that someone rely on what they read here or elsewhere on the Internet. It appears that the law has changed recently, so much of the information out there is outdated.

 

[Alex1176]

Please provide a reference to back up your claims - or stay and learn before posting.

Marriage MAY BE a defense against statutory rape charges in ID, but not under all circumstances. In fact, have a look at this:
Man charged with statutory rape of teen he married | OregonLive.com

Furthermore, as I stated earlier, I'm getting conflicting information about Idaho's laws, so I would not suggest that someone rely on what they read here or elsewhere on the Internet. It appears that the law has changed recently, so much of the information out there is outdated.

Statutes

According to this official link, even without marriage there is no rape in this case.

In your link there are two major differences from this case: 1. The statutory rape was committed before the marriage. 2. She was 15.

 

[mistoffolees]

Statutes

According to this official link, even without marriage there is no rape in this case.

In your link there are two major differences from this case: 1. The statutory rape was committed before the marriage. 2. She was 15.

As I said, there are enough different sources with different information that OP should really consult an ID attorney. I'm hesitant to give advice (even what looks like an official source) when the published information is so inconsistent.

And my point is that marriage is not an absolute defense against statutory rape charges - as you alleged.

Not to mention, of course, that it's really a lousy idea for lots of other reasons (highlighted the last time this question came up just a few days ago).

 

[disneykid52]

gold? silver? or copper?,,lol

 

[Alex1176]

And my point is that marriage is not an absolute defense against statutory rape charges - as you alleged.

I'm not an expert in Idaho law. I can be wrong. But my common sense telling me that the State won't marry people and make them commit an offence when they are making the marriage real by having sex (I forgot the exact expression...).

Not to mention, of course, that it's really a lousy idea for lots of other reasons (highlighted the last time this question came up just a few days ago).

100% agree.

 

[cbg]

Alex, you are referring to consummation.

However, you're looking at it the wrong way round. The point is that if a minor (with the appropriate parental consent, of course) is married in April, that does not mean that the illegal sex s/he had in January, February and March magically becomes legal.