Illegal dating age

My client and the girl had both consumed alcohol but neither were drunk and the State did allege that she was incapacitated when the sexual conduct occurred.The girl had advised my client that she was 18 from when he first met her and by her appearance, she could easily pass for that age.In other words, it may or may not be illegal for an 19 year old to have sex with a 15 year old or a 18 year old to have sex with a 14 year old depending upon when the participants birthdays occur.A violation of the statute only occurs if the participants’ birthdays are four years or more apart.

My client, who was just 19 years old at the time of the offense, rented several connecting hotel rooms one evening to throw a party.

The real problem for my client was not the threat of incarceration as I knew that State was unlikely to seek it in this case.

It was equally unlikely that any judge would incarcerate him given his good faith attempt to ascertain her age as well as the fact that he was only 41/2 years older than she was.

He asked her to see her driver’s license which she readily produced showing that she was indeed 18.

My client and the girl then engaged in consensual sexual intercourse.

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