Sex Crimes, Sex Offenders Age of Consent, same sex

[safetyfirstebnj]

Recently, a question came up in a help group about homosexual sex between males with one male being 16 and the other being 25. Based on what I read in the forums, I said illegal and immoral. The moral issue aside, and reading the forums, I think it may be legal but still could cause legal problems for the adult based on parent's rights and the minor possibly not being considered mature enough to make a decision on his sexuality.

Here are the details.

A minor age 16 contacted an adult male age 25 in a gay chatroom. The 16 y/o wants to hook-up with the adult which could mean masturbation, oral, anal sex or other activities. The 16 y/o states he has met adults up to 45 before. The 25 year old is curious about it but has reservations based on the age difference. The parents of the 16 y/o do not know he is gay.

Are my thoughts about the legality or parental issues accurate? Would the same thinking apply to any adult male age 18 and up? When I heard the 16 y/o claimed to be with a 45 y/o. I was shocked. Does the fact that the 16 y/o is the agressor in this make any difference?

 

[calalily]

State Laws

Each state has a different age of consent; for example 17 is the age in Texas. Google your States age of consent laws.

 

[ibis]

I'm not an expert in state law but as I understand it,

Having sex with someone who is not old enough to legally consent to sex is statutory rape. Doesn't matter who the 'aggressor' is, the 'adult' is expecetd to know the law and stick to it.


Ibis

 

[safetyfirstebnj]

Age of Consent in NJ is 16

The age of consent in NJ is 16 for males or females, gay or straight. So, technically, it is legal. I am more concerned about getting an answer as to what the consequences could be for the adult if the minor changed his mind or it the Police or Parents found out. This is where I need help convincing the group that legally it is too risky, if legal.

 

[ibis]

Did you read the NJ law?

The age of consent may be 16, but some states have caveats. Like there can be no more than a 4 year age gap until they are 18. (Which makes sense. 16 year olds shoulds should be screwing their age group.)

Is that what you are worried about? If so find the applicable NJ statute and read it.

Ibis.

 

[ibis]

NJ serve is down

otherwise I would have posted the link for you.

 

[ibis]

Tile 2C:14-2 Sexual Assult Defined

New Jersey Title 2C:14-2 Sexual Assault

As I read the NJ law (not a lawyer). Kids between 13 and 16 can consent to sex under certain restrictions. No incest. There can't be more than a 4 year age difference. No coersion. No supervisory or disciplinary capacity.

As far as I can tell once they hit 16, as long as it isn't incest and they aren't coerced its legal. The supervisory or disciplinary power caveat still applies. (Though I'd break the kneecaps of a 25 year old who touched my 16 year old).

Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1)The victim is less than 13 years old;

(2)The victim is at least 13 but less than 16 years old; and

(a)The actor is related to the victim by blood or affinity to the third degree, or

(b)The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(3)The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4)The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5)The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6)The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7)The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

b.An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

c.An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1)The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2)The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(3)The victim is at least 16 but less than 18 years old and:

(a)The actor is related to the victim by blood or affinity to the third degree; or

(b)The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or

(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(4)The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

Amended 1979, c.178, s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997, c.194, s.1; 2001, c.60; 2004, c.130, s.13.

2C:14-2.1. Victim of sexual assault may consult with prosecutor on plea negotiations
1.Whenever there is a prosecution for a violation of N.J.S.A.2C:14-2, the victim of the sexual assault shall be provided an opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations.

Nothing contained herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.

L.2003,c.137.

2C:14-3 Aggravated criminal sexual contact; criminal sexual contact
a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2a. (2) through(7).

Aggravated criminal sexual contact is a crime of the third degree.

b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through(4).

Criminal sexual contact is a crime of the fourth degree.

Amended 1979, c.178, s.27; 1997, c.194, s.2.