Laws surrounding age of consent

[IGotNothing]

I understand that, depending on your states, certain relationships aren't allowed when one party is younger than a certain age, and the other is older.

But what kinds of relationships are forbidden? I mean, if a couple on either side of the Consenting age wants to date, and kiss, and not have sex, is that legal?

~ I got nothing

 

[Drontal]

This particular topic has been discussed quite recently, please read THIS THREAD and also THIS THREAD

Hope this helps,

JJ.

 

[IGotNothing]

Thank you very much. However, do you know any place I could read the actual laws for myself?

I'm from MA, by the way.

 

[Michael Wechsler]

Thank you very much. However, do you know any place I could read the actual laws for myself?

I'm from MA, by the way.

The Massachusetts Law Library has an entire article on this issue. Here is a link and I will post a small synopsis below. http://www.lawlib.state.ma.us/sex.html

 

[Michael Wechsler]

GENERAL LAWS OF MASSACHUSETTS

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

TITLE I. CRIMES AND PUNISHMENTS


Child Under Fourteen

M.G.L. c.265, sec. 13B. Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc.

Whoever commits an indecent assault and battery on a child under the age of fourteen shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or any term of years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.

No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.

In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.

Child Under Sixteen

M.G.L. c.265, sec. 23. [Commonly known as the Statutory Rape Law]. Rape and abuse of child.

Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.

Commonwealth v. Miller, 385 Mass. 521, 432 NE2d 463 (1982). The offense of statutory rape, G. L. c. 265, § 23, may be committed with or without any knowledge on the defendant's part of the age of the victim.

Commonwealth v. Elder, 389 Mass. 743, 452 NE2d 1104 (1983). "Consent is not a defense to a charge of statutory rape. "

Commonwealth v. Knap, 412 Mass. 712, 592 NE2d 747 (1992). "The only elements the Commonwealth must prove are (1) sexual or unnatural sexual intercourse with (2) a child under sixteen years of age"

M.G.L. c.272, sec. 35A. Unnatural and lascivious acts with child under 16.

Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.

Child Under Eighteen

M.G.L. c.272, sec. 4. Inducing person under 18 to have sexual intercourse.

Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.

Analogous to Federal laws 18 USC 2422 and 18 USC 2423 .

We could find only one case prosecuted under this law, Commonwealth v. Foley, 24 Mass. App. Ct. 114, 506 NE2d 1160 (1987). in which a man offered a boy $5 to perform fellatio.

Fornication

M.G.L. c.272, sec. 18. Fornication.

Whoever commits fornication shall be punished by imprisonment for not more than three months or by a fine of not more than thirty dollars.

Fort v. Fort, 12 Mass. App. Ct. 411, 425 NE2d 754 (1981). "The crimes of fornication, adultery, and lewd and lascivious cohabitation are never, or substantially never, made the subject of prosecution."

Attorney Gen. v. Desilets, 418 Mass. 316, 636 NE2d 233 (1994). "This statute is of doubtful constitutionality, at least as applied to the private, consensual conduct of persons over the age of consent."

Sodomy

M.G.L. c.272, sec. 34. Crime against nature.

Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years.

M.G.L. c.272, sec. 35. Unnatural and lascivious acts.

Whoever commits any unnatural and lascivious act with another person shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years.

Commonwealth v. Balthazar, 366 Mass. 298, 318 NE2d 478 (1974). The "unnatural and lascivious acts" statute has been held to include public fellatio and oral-anal contact.. "must be construed to be inapplicable to private, consensual conduct of adults."

Gay & Lesbian Advocates & Defenders v. AG, 436 Mass. 132, 763 NE2d 38 (2002). "Our holdings in the Balthazar and Ferguson cases concerning acts conducted in private between consenting adults extend to § 34, as well." [private consenting acts will not be prohibited].

Lawrence v. Texas, 123 S. Ct. 2472 (June 2003). Texas sodomy law ruled unconstitutional by US Supreme Court.

Incest

M.G.L. c.272, sec. 17. Incestuous marriage or intercourse

Persons within degrees of consanguinity within which marriages are prohibited or declared by law to be incestuous and void, who intermarry or have sexual intercourse with each other, or who engage in sexual activities with each other, including but not limited to, oral or anal intercourse, fellatio, cunnilingus, or other penetration of a part of a person's body, or insertion of an object into the genital or anal opening of another person's body, or the manual manipulation of the genitalia of another person's body, shall be punished by imprisonment in the state prison for not more than 20 years or in the house of correction for not more than 21/2 years.