promotion image of download ymail app
Promoted

is it illegal for a 30 something year old man to have sex with a 17.5 year old female?

Update:

washington state

6 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    age of consent is 16

    no he cant have sex with her

    hes more than 60 months older

    max is 5 years older until both are 18

    The age of consent in Washington is 16.

    It is also illegal to engage in sexual acts with someone younger than 18 under three different sets of circumstances, enumerated in RCW 9A.44.096. Foster parents with their foster children; school teachers and school administration employees over their students; The third set of circumstances require all of the following situations occur in tandem: The older person is 60 months or more older than the 16- or 17-year-old, the person is in a significant relationship as defined, and such older person abuses the relationship to have sexual contact.

    There are also three exceptions for people close in age.

    * RCW 9A.44.079 "A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Rape of a child in the third degree is a class C felony."

    * RCW 9A.44.076 "A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim. Rape of a child in the second degree is a class A felony."

    * RCW 9A.44.073 "A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least twenty-four months older than the victim. Rape of a child in the first degree is a class A felony."

    Several have reported that the immoral communication with a minor statute exists and places the age of consent at 18 due to the inability to "communicate" to 16- and 17-year-olds about sexual activity. These reports have been alarming in nature, however they are completely anecdotal, and perhaps even urban legend. The Washington Court of Appeals, Division 1 decided in the case of State v. Danforth, 56 Wn. App. 133, 782 P.2d 1091 (1989) that such communication has to be for the purposes of committing an illegal act under RCW Chapter 9.68A. Danforth's conviction was overturned by that ruling. However, the Washington Supreme Court in the case of State v. McNallie, 120 Wn.2d 925, 846 P.2d 1358 (1993) overturned the scope of the Danforth ruling (though not the result; Danforth would have still had his conviction overturned under the McNallie standard), applying the communication statute to encompass all sexual misconduct with a minor, not just those under RCW Chapter 9.68A, which deal mostly with illegal child pornography and prostitution. Due to these cases, it is clear that communications with 16- and 17-year-olds just for general sexual activity is legal, as long as such conduct discussed is not about illegal conduct or would be illegal in real life (such as the teacher/student circumstance, the foster parent/foster child circumstance, the significant relationship abuse circumstance, or asking for illegal pictures or attempting to bring such younger persons into prostitution).

    • Commenter avatarLogin to reply the answers
  • 1 decade ago

    The laws vary from state to state. In most states, the age of consent is seventeen. As long as that's the case in your state then yes--it's legal. But just because something is legal, that doesn't mean it's a good idea.

    The more important question is, why would a 17-year-old girl WANT to have sex with a 30-year-old man? I understand what the guy would get out of it, but what would the girl get out of it?

    • Commenter avatarLogin to reply the answers
  • Anonymous
    1 decade ago

    It varies state to state and country to country. Use this map to find your location and the laws associated with consensual sex.

    http://upload.wikimedia.org/wikipedia/commons/e/ef...

    • Commenter avatarLogin to reply the answers
  • Possum
    Lv 6
    1 decade ago

    Depends on the state.

    • Commenter avatarLogin to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    state laws vary

    • Commenter avatarLogin to reply the answers
  • 1 decade ago

    depends on the state but thats really really weird

    • Commenter avatarLogin to reply the answers
Still have questions? Get your answers by asking now.