What is the Legal Age of Consent in New York City?
A minor child cannot legally consent to sexual acts. However, unfortunately, many individuals choose to engage in sexual conduct regardless of the law. The age of consent refers to the ages at which a person is legally able to consent to sexual activities in that jurisdiction. The legal age of consent in New York is 17. Under New York law, an individual who engages in sexual conduct with a person over the age of 17 cannot be held liable for statutory rape or sexual abuse because the "victim" can legally consent.
That being said, New York’s statutory rape and sexual assault laws provide exceptions to the age of consent that may still make sexual acts or relationships between adults and teenagers a crime. For example, if an adult sexually engages with a minor, he or she could be charged with sex crimes such as aggravated sexual abuse or statutory rape. Additionally , while the minor may have made the choice to consent to sexual activity, he or she could still be considered a "victim" of the act and may be eligible for compensation.
The legal age of consent refers to the ages at which a person is legally able to give their consent to sexual activities in that jurisdiction. The legal age of consent in New York is 17. An individual who engages in sexual conduct with a person over the age of 17 cannot be held liable for statutory rape or sexual abuse under New York law because the "victim" can consent. If a perpetrator has sexual contact with a minor, he or she could be charged with sex crimes such as aggravated sexual abuse or statutory rape. While the minor may have made the choice to consent to sexual activity, he or she could still be considered a "victim" of the act and may be eligible for compensation.
The Impact of the Age of Consent
The age of consent laws are an essential component of the legal framework that governs sexual activity. The purpose of consent laws is to afford a legal protection to sexual minors, thus preventing their exploitation. From an ethical standpoint, statutory consent laws are indispensable for the purpose of protecting minors from those who would take sexual advantage of them.
Consent laws also help provide law enforcement with a tool to investigate and curb sexual predation. From a legal standpoint, age of consent is tied to other laws that govern sexual activity. A person who is over the age of consent can legally consent to sexual activity with a smaller minor, but a minor over the age of consent cannot consent to sexual activity with an adult.
In other words, consent laws establish a boundary the authorities can use to confront sexual exploitation of minors. Depending on the age of a minor, statutory consent laws can also deny the statutory defense for statutory rape or statutory sexual assault.
A prosecutor may use courageous victim testimony to bring charges against an adult accused of having seduced a minor, and even if it means confronting the prospect of going to trial with an inexperienced witness.
This is, in part, because statutory consent laws deny the provable defense of mistaken identity in sexual offenses. If an adult has sexual contact with a minor, that adult has committed a crime under New York law.
Criminal Consequences for Violating the Age of Consent
When the age of consent laws are violated in New York City the criminal consequences can be devastating. If an individual has sex with a person who is below the age of 17 and is not their spouse, even if that person consents to the act, that individual can be charged with age of consent violations under New York Penal Code 130.05.
Consent for the purposes of the law does not mean the same thing as consent in the standard English sense. Under the statute, the definition of consent with regard to age of consent laws in New York has a much more limited definition. An individual is unable to consent to sexual activity if he or she is either under the age of 17, is mentally disabled, or is physically helpless. This means that both the age of the victim and his or her mental condition can be the basis for an age of consent charge.
In New York, there are multiple charges that can stem from violations of the age of consent law, all of which are sex crimes. First degree criminal sexual conduct under this statute is considered a Class B felony. The minimum term of imprisonment for such an offense is five years. The maximum potential sentence is 25 years in prison. The court may suspend the sentence or parole an individual convicted of first degree sexual conduct. However, the offender is not legitimately eligible for parole unilaterally. The decision to grant parole is made by the parole board after taking into consideration many mitigating factors, including the severity of the crime committed. A sexual assault of this nature is considered especially heinous and the offender’s record will be considered a determinant by the parole board if and when he or she decides to review the case for eligibility for early parole.
If an indicted person pleads guilty to a charge of second degree criminal sexual conduct, he or she is admitting his or her guilt and pleading to the lesser offense. This offense is class B sexual conduct. The minimum jail time for this crime is three years. The maximum is seven years. In many cases, the offender will face up to a year in a local jail. There is no parole available for this offense.
Criminal sexual conduct in the third degree is a class C felony. The minimum jail time for such an offense is 3 years. The maximum is seven years. Parole is unavailable for this crime.
Finally, the least serious of all the age of consent offenses, criminal sexual conduct in the Fourth Degree, is a misdemeanor. The maximum jail time for this offense is one year in jail.
It is also important to make note of an age of consent law in New York, that of ‘sexual conduct with a minor.’ It is a misdemeanor, with a possible maximum jail time of one year. The minimum jail time for this misdemeanor offense is also one year and parole is available for this crime.
Common Misconceptions Surrounding the Age of Consent
Myth 1: Intercourse with consent of the parties is permitted by law at any age.
Fact: The legal standard for consent involves not only an age requirement but also a statutory "age gap" limitation. For minors seventeen years of age and over, the statute says that there must be at least a three-year "age difference" between the defendant’s age and the complainant’s age. For minors under seventeen years of age, there must be at least a four-year "age difference" between the defendant’s age and the complainant’s age. Therefore, intercourse with consent of the parties is permitted by law if and only if the three or four-year "age difference" requirements are met.
Myth 2: The law does not require proof of force or intimidation to be found guilty of having sexual contact with a minor.
Fact: The law does require that the prosecution prove , beyond a reasonable doubt, that the defendant intimidated, forced, or threatened the victim. Since one of the necessary circumstances requires that the defendant be at least twenty-one years old, the law recognizes that an older man can only accomplish such a thing through intimidation or force, and that it is necessary for the court and jury to be convinced beyond a reasonable doubt that it actually occurred.
Myth 3: The law allows for any kind of sexual conduct if the victim is at least seventeen years old.
Fact: Even if the complainant is at least seventeen years old, the law still places certain restrictions on the kinds of sexual conduct that are lawful. Moreover, it is not enough that the complainant is at least seventeen years old; the law still requires that there be at least a three or four-year "age difference" between the ages of the defendant and the complainant.
The Effect of Age Differences on the Age of Consent
Much like consent in the case of sexual contact, the age difference between partners can determine whether a sexual relationship is appropriate or illegal. While 17 years old is New York’s age of consent, further legal exemptions exist for partners with small age gaps. The most common instance of this is what’s known as the "Romeo and Juliet exemption." In essence, these laws are meant to avoid criminal charges for couples that are not much older than the age of consent.
The basic exemption is applicable when the following criteria are met: However, even when these criteria are met, further legal complications can occur. For example, if a minor was previously charged with a sexual offense, she cannot use the "Romeo and Juliet" exemption. Additionally, this exemption may not be available to minors who were not before a juvenile court on a sexual offense charge, depending on certain factors. Sexual relationships between minors can be particularly sensitive issues, but those faced with these circumstances should remember their legal rights and responsibilities.
Helpful Resources and Support for Teens and Parents
There are many organizations available in NY city that offer services to help both teens and parents understand the law, what it means to be a victim or offender of a sexual crime as a minor, and how to best seek help. The Child Center of NY provides free counseling services to help children aged 5-14 who are victims of physical or sexual abuse or neglect. Their services include psychiatrists, psychologists, psychiatric nurses, social workers, and case planners who can provide therapy and assess needs as well as help coordinate care with other services. The Legal Aid Society has two programs specifically for youths under 21, The Juvenile Rights Practice , a public defender office that covers criminal actions in juvenile court, and The Young Lawyer’s Program which provides services such as advocacy, legal representation and advice, and community education. They also provide free confidential 24/7 info about NYC’s laws regarding sex crimes, domestic violence, and how teens can seek help. Children’s Aid Society offers mental health services and adoption programs for kids up to 23, as well as educational and job training courses. Safe Horizon is a nonprofit that provides services to individuals and families who have experienced crime, violence or abuse. Their services include legal services, counseling, and self-help assistance.