Legal Age Of Dating Woman In Usa

  

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A: It's legal for anyone to 'date' anyone else. The law is not concerned with dating, but is concerned with sex. The age of consent in Ohio is 16. It is technically legal for a 22 year old to have a sexual relationship with a 17 year old; however, it still not a good idea. First, a 17 year old is still a minor.

16 Years Old

Under NRS 200.364, the legal age of consent to have sex in Nevada is 16 years of age. However, Nevada also has a Romeo and Juliet exception: Minors age 14 or 15 may have consensual sex with partners less than four years older.

Having sex with someone below the age of consent, and not covered by an exception, is prosecuted as statutory sexual seduction (NRS 200.368) or lewdness with a child (NRS 201.230). Penalties include sex offender registration.

Below our Las Vegas criminal defense attorneysdiscuss:

  • When a teenager under the age of 17 dates someone that is 17 or older in Illinois, the relationship can get complicated. Statutory rape is any type of sexual intercourse that occurs between someone under the age of consent, which is 17 in Illinois, and someone that is a legal adult (18). Essentially what this means is that if someone under 17.
  • How to Date Chinese Women and Use Chinese Dating Etiquette to Your Advantage! A loyal and devoted bride, a sexy woman in the bedroom, all to ourselves.
Children under age 16 in Nevada cannot consent to have sex.

1. What is the age of consent in Nevada?

Sixteen (16) is the legal age of consent in Nevada.1 Children under 16 cannot consent to penetrative sex. It is irrelevant if the child is mature. It is also irrelevant if the child initiates the sex.

“Age of consent” laws should deter adults from seeking underage sex partners. Sex carries major risks. And children are not mature enough to make these decisions.

2. What is statutory rape?

The legal term is statutory sexual seduction. Statutory rape occurs when an adult:

  1. Is at least 18-years-old,
  2. Has consensual penetrative sex with a child aged 15 or 14, and
  3. Is at least four (4) years older than the child2

This applies to all types of sexual conduct with penetration. It makes no difference if the adult and child are opposite- or same-sex. Examples of sexual penetration include:

Legal
  • Vaginal intercourse
  • Oral sex (fellatio or cunnilingus)
  • Anal sex
  • Analingus
  • Fingering
  • Inserting body parts or objects (even just slightly) into a person’s vagina or anus
  • Penetrative sex with animals3

A person may be found guilty of statutory rape even if he/she genuinely believed the child was at least 16. It is not a defense to statutory rape charges that the child lied about being of age.4

The penalties depend on the age of the defendant. The crime of statutory rape is a category B felony if the defendant is at least 21. The sentence is:

  • One to ten (1 – 10) years in Nevada State Prison, and
  • Possibly up to $10,000 in fines, and
  • Tier 3 sex offender (NRS 179D.117) status

Penalties are less harsh when the defendant is younger than 21. Then statutory rape is a gross misdemeanor. The penalty carries:

  • Up to 364 days in jail and/or up to $2,000 in fines, and
  • Tier I sex offender (NRS 179D.113) registration5

Rape charges only apply when the sex is not consensual. The legal term for rape is sexual assault. Learn more about rape charges (NRS 200.366).6

3. Does Nevada have a “Romeo & Juliet” law?

Nevada has a close in age exception to statutory rape. Children age 14 and 15 can have consensual sex with people less than four (4) years older.

Example: Jamie is an 18-year-old high school senior. She is in a sexual relationship with 15-year-old sophomore Kelly. Jamie at 18 is an adult. Kelly at 15 is under the minimum age for consensual sexual activity. But Jamie should not face criminal charges for statutory rape because their age difference is less than four (4) years. In short, Jamie and Kelly fall under the “close-in-age” exception.

This close-in-age exception is also called a Romeo and Juliet law. It is a relatively new law: It was instituted only in 2015.7

Under NRS 200.364, a 14-year can have consensual sex with a 17-year-old.

4. What is “lewdness with a minor under 16?”

Adults who molest children without penetration face lewdness charges. The most common lewdness example is groping.

Penalties for lewdness turn on the age of the child. It is a category A felony in Nevada if the child is under 14. A first offense carries:

  • Life in prison with the possibility of parole after ten (10) years,
  • Possibly a fine of up to $10,000, and
  • Sex offender status

There is no parole if the defendant has a prior lewdness conviction. It does not matter if the prior case was in Nevada or elsewhere.

Lewdness is a category B felony if the minor is 14 or 15. It carries the same penalty as statutory rape by a 21+ adult:

  • One to ten (1 – 10) years in prison,
  • Possibly a fine of up to $10,000, and
  • Sex offender status8

5. What about sex between students and teachers?

Nevada forbids sexual contact between students and school employees who are at least age 21. It makes no difference if the students are at the age of consent. There is always a power imbalance.9

The “sexual conduct” that NRS 201.540-.550 forbids includes:

  • Penetrative sex (scroll up to section 2 for a full definition)
  • Oral-genital contact
  • Contact with unclothed genitals or pubic area to arouse or gratify the sexual desire of either person
  • Sadomasochistic abuse
  • Lewd exhibition of unclothed genitals
  • Any lewd or lascivious act upon the body10

Student-teacher sex is a category C felony in the state of Nevada. The punishment includes:

Legal Age Limit For Dating

  • One to five (1 – 5) years in prison, and
  • Possibly up to $10,000 in fines, and
  • Sex offender status11

Statutory rape or lewdness charges would apply if the student is under 16. Scroll up to sections 2 and 4 for more information on these crimes.

Learn more about student-teacher sex laws (NRS 201.540). And learn more about student-teacher sex in college laws (NRS 201.550).

6. Are there legal defenses?

Many people accused of sex crimes are innocent. Here are common defenses:

  • False accusations. People may lie about being victims. The motivation may be anger, jealousy, or revenge. Or it may be to change the outcome of a child custody hearing. The defense attorney might be able to show that the accuser is lying. Valuable evidence may include old text messages and eyewitnesses. If the defense attorney can persuade the D.A. that the allegations were fake, the case should be dismissed.
  • Age of consent. Statutory sex or lewdness charges apply only if the victim was under 16. If the D.A. fails to establish that the alleged victim was under age 16, the criminal case should be dismissed.
  • No sexual conduct occurred. The accuser could have misconstrued the touching as sexual. Or the touching could have been accidental. The prosecution has to prove sexual touching occurredbeyond a reasonable doubt. Charges should not stand if the defense attorney shows that the state’s case is too weak.

What Is An Acceptable Age Difference In A Relationship ...

Honestly believing the child was at least 16 is not a defense. It makes no difference if the child lied about his/her age.12

7. How old do you have to be to get married in Nevada?

The age of majority in Nevada is 18.13 People aged 18 or older get can get married without permission. 17-year olds may marry if:

  • The minor has the consent of either parent or the minor’s legal guardian, and
  • The minor obtains authorization from a district court after the court holds an evidentiary hearing and makes certain findings14

8. Raising the consenting age under NRS 200.364

Like Nevada, the majority of U.S. state laws recognize 16 as the age where children can consent to have sex. There is no initiative to raise the consenting age in Nevada. At least, not at this time.

Other lawmakers in other states are seeking to raise the age of consent to 18. Indiana State Rep. Karlee Macer proposed raising the consenting age from 16 to 18.15

Call our Las Vegas criminal defense attorneys for a free consultation.

Call a Nevada criminal defense attorney…

Accused of violating Nevada age of consent laws? Call our Las Vegas criminal defense lawyers.

The consultation for legal advice is free. We may be able to reduce or drop your charges so your criminal record stays clean.

You can meet with us at our office in Las Vegas, NV. Or we can consult over the phone or video-conference (Zoom, Skype, or Facetime).

Legal Age Of Dating Woman In Usa 2020

Arrested in California? Go to our article on statutory rape laws (Penal Code 261.5 PC). Also go to our article on age of consent laws.

Arrested in Colorado? Go to our article about age of consent laws.

Legal References

  1. NRS 200.364(10); Manning v. Warden, Nev. State Prison, 99 Nev. 82, 86, 659 P.2d 847, 849 (1983)(“NRS 200.364 now defines statutory sexual seduction and specifies sixteen as the age of consent for sexual intercourse, anal intercourse, cunnilingus or fellatio.”)
  2. NRS 200.364; NRS 200.368.
  3. NRS 200.364.
  4. Jenkins v. State, 110 Nev. 865, 877 P.2d 1063, (1994)(A mistake of fact regarding the child’s age is not a defense.)
  5. NRS 200.368.
  6. NRS 200.366.
  7. NRS 200.364; Nevada Assembly Bill 49 (2015).
  8. NRS 201.230.
  9. NRS 201.540; NRS 201.550.
  10. NRS 201.520.
  11. NRS 201.540; NRS 201.550.
  12. NRS 200.364; NRS 200.368; Jenkins v. State, 110 Nev. 865, 877 P.2d 1063, (1994) (A mistake of fact regarding the child’s age is not a defense.).
  13. NRS 129.020; State v. Hughes, 127 Nev. 626, 627, 261 P.3d 1067, 1070 (2011) (“The Legislature regularly defines ‘minor’ as a person under 18 years of age.”).
  14. Nevada Assembly Bill AB129 (2019).
  15. Emily Ketterer, Bill to raise age of consent proposed again, Nuvo (Jan 5, 2018).
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It is not statutory rape, it is creepy, and if it is against parental authority it may fall under other statutes.
It is definitely a mistake for the 30-year-old. This is not just a matter of age difference but culture and life-experience difference.
Dating is not regulated by law.
https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Arkansas
A person becomes an adult at the age of majority, which In most states is 18. Exceptions are Alabama & Nebraska (19), and District of Columbia & Mississippi (21). Until then, the parents pretty much control their life, including whom they date. If the parents wish, they can report 'contributing to the delinquency of a minor' if someone interferes with their control. After reaching the age of majority, the new adult can date anyone, leave home against their parent's wishes, live where they want, associate with anybody they wish, pay their own bills and bail themselves out of jail.
Dating a minor UNDER the age of consent -- without sexual contact -- is not illegal as long as the parents or guardians are OK with it. If they are not, the parents or guardians could file police reports that result in charges of 'Contributing to the delinquency of a minor' or 'Interference with Custody' or something else that might be appropriate in that particular state. Likewise, dating a minor who is OVER the age of consent -- with or without sexual contact -- is not illegal as long as the parents or guardians are OK with it. Legal does not mean wise.
Even with the best of intentions otherwise, dating relationships often become sexual relationships. If sexual contact is involved, the ages of the couple, the nature of the sexual contact, whether it was consensual or not, when it took place, and the state in which it took place would be important to know. Their particular state may or may not have specific laws that apply to the relationship.
If sexually suggestive photos of a person under 18 are taken and/or shared (sexting), federal laws regarding production, distribution, and possession of child pornography come into play. There may also be state laws prohibiting the action. These can charges carry lengthy prison sentences. Wisconsin’s law carries a mandatory minimum prison sentence.
In general, to be completely safe, adults should not 'date' children.
In Wisconsin, a person is considered an adult at the age of 18 for purposes of being a victim and at the age of 17 for purposes of being a criminal. Thus, two 17-year-olds can both be charged, as adults, with having sexual intercourse with a child.
And one more thing: many people would consider dating an excessively young person to be 'creepy'. There is a rule of thumb is that it’s only OK to be interested in someone who is one-half your age plus seven years. This gives rise to the Creepiness Formula:
Dating someone that is older than ½(your age) + 7 = Not Creepy
and the reciprocal,
Dating someone that is younger than ½(your age) + 7 = Creepy
According to the formula, it is not creepy for an 18-year-old to date a 16-year-old, but dating anyone younger is Officially Creepy.
Much of above copied from responses by Atty. Gary Ilmanen of California.

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