I think it goes somthing like if the age difference is more than four years its against the law, otherwise its over looked But again I don't know if that's the case in your state. Something for you to look into though. The above referenced code section reads without any such qualifications: Any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of sixteen 16 years, including but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of bestiality or sado-masochism as defined in section , Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party, shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.
Does anyone know if there is an actual law which clarifies how the age differences between minors impact the consequences? Can two minors be simultaneously guilty under this code section if they are acting willfully together? The more I'm looking into this, the more it looks like, in Idaho at least, the younger party, male, could be found to be guilty of rape should sexual activity occur, against the older yet minor female. The girl is 16 though, so if I am reading the above code correctly, she is outside of the protected age for that particular code. So if they were engaging in any kind of sexual activity, she would be guilty, he would not unless there is another law that says in ID it's illegal to have intercourse with someone under EIGHTEEN All of that is beside the point if there is any laws on the books protecting dating teens.
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Could you maybe call a lawyer and ask for clarification? Justia is guilty of rape. I also found a code section which makes the act of fornication, or consensual sexual intercourse between two unmarried adults, a crime.
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I was able to determine that the fornication law was enforced as recently as the 's in one county where it was applied in cases of unwed teen mothers. Sodomy is also illegal in Idaho. I'd look up case law rather than the code.
Idaho Age of Consent Laws | LegalMatch Law Library
Precedent would help tell you how these things are litigated and adjudicated. I'd guess that in most parts of the state if a case came before the Court involving underage kids dating and doing whatever else it would probably be tossed out, barring any unusual circumstances.
That would be kind of like disregarding traffic laws based on anectodal stories of friendly cops giving out verbal warnings - a course best left to others. Case law and word-of-mouth stories are two entirely different things. With respect to criminal punishment for violating age of consent laws, Idaho distinguishes between men and women.
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It is one of the few states that makes a distinction based on gender. To have sex legally in Idaho, both partners must be over the age of consent. So, curiously, as the law is written, if both of individuals are under the age of consent and have sex with each other, both of them are committing a crime and are a victim, simultaneously.
The law does provide for some close-in-age provisions, though they are rather dense. In Idaho, sex with a female who is under 16 is always a crime. This means that even if a male is 16 and the female is 15, and they have sexual intercourse, the male is committing a felony. While there are no definitive exceptions to age of consent, if penetration is not at issue, the sexual acts may be legal so long as the female is at least As listed above, if a male is 18 and a female is 16 or 17, the intercourse would technically be lawful.
Idaho Age of Consent Laws
However, if the individual is 19 or 20, the sexual conduct may qualify as rape. Additionally, as the laws are written, there may be some other type of sexual offense the male could face. Statutory rape is typically a strict liability offense, means even a reasonable, good faith mistake as to the age of the minor or even if the minor misrepresented their age, the individual may still be committing rape.
If you are in a relationship with a minor, regardless of whether you are a minor or not, you should consider speaking to a criminal defense lawyer.