Can someone go to jail for sexual relations with a minor? 46 Answers as of July 03, 2013

I am 15 and have foreplay with a 20 year old but haven't had sex. Can she go to jail?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
She sure can. It is a violation of Penal Code section 261.5
Answer Applies to: California
Replied: 11/14/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It may depend on whether the foreplay is considered sexual. If she is charged she should hire an attorney.
Answer Applies to: New York
Replied: 10/31/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Speaking generally, the age of consent for sexual activity in Michigan is 16 years old. Allegations of sexual contact with a minor under the age of 16 years old may be grounds for criminal charges and minors in those situations should contact the police and report the incident.
Answer Applies to: Michigan
Replied: 8/31/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. Even sexual contact, including touching over the clothing, may result in very serious criminal felony charges for Criminal Sexual Conduct.
Answer Applies to: Minnesota
Replied: 8/29/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Define Foreplay. If what you define as foreplay involves your touching her breast or either of you touching the other's genital area, what you describe is a crime in Texas so yes. If there is not sexual touching, just caressing and kissing, then . . . .
Answer Applies to: Texas
Replied: 8/26/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes. Foreplay is also sex. Not only can she go to jail but to prison. She will become a registered sex offender and keep that with her for at least ten years. One cannot expunge a sex offense conviction either. Tell her she needs to find someone her own age to play with.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Yes, CSC charges can be brought for touching or penetration even if there is not intercourse.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It depends on what you consider foreplay. Regarding the age issue, anyone who has sex with a person under 16, can be prosecuted for statutory rape. Since you are under 16 and she is over, that would meet the age requirements. However, it must also meet the definition of sex in the statute. You would have to look at the statute to see if what you and this woman did meets the standards set in the statute.
    Answer Applies to: Massachusetts
    Replied: 8/25/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes.
    Answer Applies to: New York
    Replied: 6/9/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Absolutely she can. She has committed statutory rape. The fact that you may have consented is irrelevant. I suggest your friend consult with an attorney and you stay away from her.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, the facts you describe can result in the 20 year old committing a sex offense that can result in jail. The age of consent is 16.
    Answer Applies to: Kansas
    Replied: 8/25/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, for child molestation or multiple other charges.
    Answer Applies to: Georgia
    Replied: 8/24/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    That would fall under the CSC category and yes, jail or prison is a possibility. It is not a given, but it is possible as well as being registered as a sex offender.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Yes. It's called statutory rape and it carries very serious punishment.
    Answer Applies to: Georgia
    Replied: 8/24/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes You are only 15 and by law cannot consent to sex. She would be committing a felony which carries 15 years in prison.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Yes. You are under the age of 17 which is the first age at which you could consent to any type of sexual conduct. She has committed the offense of sexual assault of a child or at least indecency with a child.
    Answer Applies to: Texas
    Replied: 8/24/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely. Statutory rape.
    Answer Applies to: California
    Replied: 8/24/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    YES, it is a crime for someone over 18 to have sexual relations, even foreplay with a minor.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If she was a young girl and was charged with statutory rape, some other crime that involves having sex with a minor she would probably be allowed to plead to a misdemeanor and get probation. It is very unlikely she would be sentenced to a term of incarceration.
    Answer Applies to: New York
    Replied: 8/24/2011
    Michael J. Gardiner, Attorney at Law | Michael Gardiner
    If sexual penetration occurs , yes up to five years. 11-37-6Third-degree sexual assault for anyone over age 18 to engage in sexual penetration with someone over age 14 and under age 16
    Answer Applies to: Rhode Island
    Replied: 8/24/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Depending on the nature of the foreplay, yes. She could be charged with anything from indecent liberties to rape of a child.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Possibly. The various sex with underage persons charges do not require sex or penetration, but simply touching of the various sexual areas, even over the clothes. If this person is in a position of trust, like a babysitter, teacher or coach, then this is a more serious crime.
    Answer Applies to: Colorado
    Replied: 8/24/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Depending on what you mean by "foreplay" yes a twenty year old can go to jail for having "sexual relations" with a minor.
    Answer Applies to: Florida
    Replied: 8/24/2011
    Mark C. Cogan Law Offices | Mark Cogan
    Yes she can go to jail. She should get a good lawyer immediately.
    Answer Applies to: Oregon
    Replied: 8/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes and for a very long time.
    Answer Applies to: California
    Replied: 8/23/2011
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    Yes. The age of consent for sexual relations under Alaska law is 16 in most cases. If the older person occupies a position of authority over the minor (i.e., teacher, priest, police officer, babysitter), the age of consent is 18. A person does not need to engage in actual intercourse to run afoul of Alaska law. Sexual penetration is defined very broadly, and includes oral sex. Sexual contact with minors (touching breasts or genitals) is also against the law. The penalties for these offenses are incredibly severe, and involve very lengthy jail sentences if convicted.
    Answer Applies to: Alaska
    Replied: 8/23/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Of course. Have you not heard of statutory rape or child molest? Conviction of any such charges could result in lifetime registration as a sex offender and prison time.
    Answer Applies to: California
    Replied: 8/23/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Yes, the crime is child molestation.
    Answer Applies to: Washington
    Replied: 8/23/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    Yes, the adult can go to state prison for any sexual touching even if penetration does not occur. Any kind of foreplay, which includes sexual intent, with a minor is punishable as a felony.
    Answer Applies to: California
    Replied: 8/23/2011
    The English Law Firm
    The English Law Firm | Robert English
    Potentially - PC 288a, for example, prohibits oral copulation with a minor.
    Answer Applies to: California
    Replied: 8/23/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    The age for consent in CA is 18. The State does not recognize your ability to provide consent. As you describe the situation the 20 year old would be in violation of the law. Actual intercourse in not required for a violation of the law. While there might be other possible defenses, if convicted, jail might be necessary.
    Answer Applies to: California
    Replied: 8/23/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Anyone who has sexual contact with a minor could potentially face very severe criminal penalties, including prison, even if the contact is consensual.
    Answer Applies to: Minnesota
    Replied: 8/23/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes. Any sexual contact with a minor is a felony.
    Answer Applies to: Oregon
    Replied: 8/23/2011
Click to View More Answers:
12 3 4 5 6 7 8 Free Legal QuestionsConnect with a local attorney