Can a 16-year-old date a 19-year-old?
In this article, you’ll learn about:
Let’s dig in.
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It is generally legal for a 16-year-old to date a 19-year-old.
The relationship cannot be sexual.
It’s illegal to have sexual relations with a 16-year-old if you’re 19.
There are only 3 states where a 16-year-old can consent to sex with a 19-year-old (see below).
In states where it’s illegal for a 19-year-old to have sex with a 16-year-old, it’s statutory rape.
No, it’s not illegal for a 16-year-old to date a 19-year-old.
States do not impose laws on the ages that you can date.
But, they impose laws on the age of consent and sexual conduct between 16 and 19 year olds.
The 16-year-old will not get in trouble for dating the 19-year-old.
No, it’s not illegal for a 19-year-old to date a 16-year-old.
States do not impose laws on the ages that you can date.
But, they impose laws on the age of consent and sexual conduct between 16 and 19 year olds.
The 19-year-old will not get in trouble for dating the 16-year-old.
But, if the relationship turns sexual, then the 19-year-old can get charged with sex crimes like:
The older person will need to reach out to a criminal defense attorney.
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19-year-olds charged with having sexual relations with 16-year-olds will become sex offenders.
Statutory rape is the act of sexual intercourse with a person under the age of consent.
This gets considered rape whether the 16-year-old consented to the sexual relationship or not.
There does not need to be force or threats from the 19-year-old for statutory rape charges.
By law, minors are not considered capable of consenting.
So, any sexual activity with a minor is coercive.
Sentencing for statutory rape depends on the situation and the state.
Statutory rape charges can range from misdemeanors to felony charges.
In some states, all statutory rapes are felonies, even if there was consent.
But others may hit you with a misdemeanor if the age gap is small and they have been dating.
For instance, a small age gap is less than three years.
For example:
A 19-year-old boy might face jail time or probation for a misdemeanor statutory rape conviction.
Especially if it’s involving his 16-year-old girlfriend.
Normally, states are very strict with felonies for larger age gaps, like:
But, sentencing for statutory rape likely includes:
Misdemeanor charges can get you up to one year in jail.
Felony charges can get you 10+ years in jail.
No matter what, you’ll get added to the sex offender registration.
You need to get a free consultation from a criminal defense attorney.
Fill out the form on this page to get a free consultation.
But, there are some exceptions to statutory rapes.
Romeo and Juliet laws create an exception to statutory rape charges.
These laws are meant to protect high school sweethearts from sexual assault convictions.
The Romeo and Juliet laws exception is based on the age difference of the couple.
If you are an 19-year-old dating a 16-year-old, check your local Romeo and Juliet laws.
Age of consent is how old someone has to be to consent to sexual conduct.
The age of consent determines whether you are involved in a sex crime.
If you are a 19-year-old dating a 16-year-old, you need to make sure:
Honestly, even these precautions may not protect you from criminal laws.
If you are a 19-year-old dating a 16-year-old, do not have any sexual relations with them.
Most states say that the age of consent for a young person is either:
A 17-year-old is of the age of consent in Colorado, Illinois, and New York.
A 16-year-old is of the age of consent in Hawaii, Idaho, and Montana.
The age of consent law varies by state.
Make sure that sexual activities do not land you statutory rape charges in your state.
Lewd and lascivious conduct is sexual activity that is offensive to public standards.
Examples of lewd and lascivious conduct are:
This sexual activity has to be willful or intentional by the 19-year-old.
It cannot be “accidental” sexual contact.
It also has to be for the purpose of arousing sexual desire.
Penetration is not required for conduct to be sexual (for criminal charges).
Physical penetration tends to turn lewd conduct into a more severe type of sex crime, like:
Here are other questions we can about a 16-year-old dating a 19-year-old.
No, it is not illegal to date a minor.
There are no state laws on dating a minor.
It only becomes a legal issue when sexual acts are involved in dating a minor.
Yes, you can date someone 3 years older than you.
There are no laws about age differences with dating someone.
It’s only illegal to have any sexual relations with someone.
But dating someone who is 3 years older than you is legal.
It is not illegal to talk to a minor.
It’s illegal to talk to minors about sexual activities, though.
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