Tag Archives: MINORS

Can a 21-year-old male date a 17-year-old female in Erie PA?

Q: My friend and I have been wanting to date each other for some time but choose not to because of not knowing the legal standards in Pennsylvania. Is she able to date me and is she able to make her consent on this? I’m looking for an honest real answer because I don’t want both of us to get in trouble with the law. (Erie, PA)

A: I am not sure what you mean by “dating” but if you intend on having sex, you should be careful. Her being over the age of 16 avoids almost all the having sex with a minor crimes in the PA Crimes Code. However, you could be subject to a Corruption of Minors charge, due to the age difference. I see this happen when the parents or family of a young girl allege the older male is tending to corrupt her by having sex or furnishing alcohol. The parents could actually file the charge as she is still a minor until age 18. If anyone in her family is not on board with this you should wait until she turns 18. Even if they are OK with it, things can change.

What criminal sex charges will I be facing?

Q: I’m 28 years old and from Pittsburgh. I was on an online dating website and I talked to a girl. After a while of talking she told me she was 15. I am from another state where sex is legal at 14 and I have been sexually active since I was 14. I told her I didn’t mind that she was 15 because I didn’t know it was illegal in PA. Then me and her started to exchange nude pictures. We made plans to meet at the movies. Then I get a message on my phone from her saying that the police had all the transcripts and were going to arrest me soon and that when I was walking around looking for her at the movies it was just to get me on camera to prove I was there. Then she tells me she is from the activist group POP SQUAD on you tube that catch criminals for sex crimes and post the conversations. I looked them up and there are 1000s of videos and the police actively work with them. My question is what kind of charges I am looking at and what are the punishments for those charges? (Cranberry Twp., PA)

A: It doesn’t matter what the law is in the state in which you previously resided. You are bound by the laws of the jurisdiction in which you allegedly commit a crime. I also find it strange that any state allows adults to have sex with minors age 14, but I only know the laws of PA. Recordings of the telephone conversation, if they exist, would not be admissible under PA wiretap laws unless you consented to the recording. If there are emails with photos and she appears to be under age 16, you may be charged with an internet sex crime. If you went to meet her, they may have you on an attempt of a felony solicitation of a minor. However, walking around a movie theater may not be enough. My suggestion is to not discuss this on the internet anymore nor discuss it with anyone other than an attorney that you hire. I have not had a case like this in several years. The last one I had, my client drove to a Walmart to meet a girl and he was nabbed inside the entrance doors of Walmart by the County Police. Everything about this sounds strange, especially if you haven’t been contacted by the police. It also sounds strange that she is telling you the police will arresting you soon. If the police were involved, they would not tell her to say that. This group may not be who they appear to be on the internet. I would not talk to them at all and certainly do not pay money to anyone. I would keep my fingers crossed, lay low for a while and if you hear from the police, do not make any statements to them-nothing- and hire a lawyer and follow his advice explicitly.

Can a 20-year-old be charged for statutory rape if she is 16?

Q: Her parents are okay with her having sex. She had a previous child which she had at 14 (not by me) and she is perfectly capable of consenting. She sleeps around a lot and it was all consensual. I believe I got her pregnant. So, my question is, could I be prosecuted if I am 20 years old for getting a 16-year-old pregnant? I know the age of consent in Pennsylvania is 16. But it is confusing. Maybe she shouldn’t put my name on the birth certificate since it may not be my child. (Pittsburgh, PA)

A: People ages 16 years old and older can legally consent to sexual activity. The only crime you could be charged with would be Corruptions of Minors. That is unlikely if the victim or her family do not want to pursue it. Unlikely, but not impossible, especially if the relationship sours. Whether she should put your name on the birth certificate is another subject of discussion and you should seek the opinion of a Family Law attorney. Doing so will add to the presumption that you are the father.

Statutory Rape?

Q: I’m 16, my possibly soon-to-be boyfriend is 19. Almost anywhere we research or read up it says, 16 is the age of consent and it is legal if I would commit a sexual act (such as intercourse, oral sex, etc.) with him. He therefore won’t be charged with statutory rape. But, there are other websites and forums that say I can only have a sexual relationship with someone of the age 16 and 17 for it to be legal? Could someone help me out? I wouldn’t want to get him in trouble if we would do anything. (Pittsburgh, PA)

A: Under Pennsylvania law, people ages 16 and older can legally consent to sexual activity. The only crime he could be subject to for having consensual sex with you would be Corruption of Minors, given the fact you are a minor and he is an adult. This would require your parent or guardian going forth to file charges and you being a witness or providing statements to prove the case there was sex. My advice to both of you would be to wait until you are 18.

What should I do?

Q: I met a girl on a dating service called tagged then one night out of the blue she contacted me so we texted for a few days and then one particular night she started getting all raunchy talking about sex we ended up sexting then I got a call from her suppose it parents saying that she was a minor and they were going to go to the police supposedly she was making a sex video for me on her mother’s laptop now the guy wants me to buy them a new laptop for $1,700 or he will go to the police she was sending me pictures of her privates and I sent her pictures of mine I know it was a bad mistake I’m not trying to have my life ruined over this and Lord knows it will never happen again now I’m worried and don’t know what to do. (Baldwin Borough, PA)

A: Sounds like they are scammers. If they were legitimate, you would be hearing from the police or the Attorney General and the father wouldn’t be implicating himself in bribery to cover up child exploitation.

Charged with contempt of court as a minor?

Q: If a 17-year-old minor involved in a case as a witness, refuses to attend and testify in court, what charges would he/she be facing? Could they receive a fine, or even jail time? (Peters Township, PA)

A: The only circumstance in which a person can be legally obligated to appear in court and testify is if they were served with a Subpoena. As this person is a minor, his parents or guardians must be served. If the parent or guardian is served with the subpoena and do not want to bring their son to court, they should seek the advice of a lawyer as to whether they have legal grounds to not comply, such as the minor’s 5th Amendment rights or a real threat of retaliation or witness intimidation. If the parent or guardian has no such valid reason, then they can be held in contempt of court by the judge and the judge can issue an order or warrant and have them brought to court by sheriff or police.

Can child-on-child sexual experiment be charged 7 years later?

Q: I have a 15 year-old and a 10 year-old, age difference is 5 years and 1 day. They apparently experimented with oral copulation, no ejaculation nor sexual attraction. There was no violence was used, however there was a minor threat. Could the 15 year-old be charged 7 plus years after the incident?

A: I am sorry to say that the 15 year-old who is now an adult can be charged as an adult in the adult criminal justice system with felony charges and face incarceration, in addition to Megan’s Law registration. If he or she would have been charged at the time of the alleged offense, the prosecution would have been in juvenile court. As a minor, treatment and therapy would have been ordered with the potential of having the charges withdrawn or expunged. These sex crimes statutes are very powerful. The best you can do is hire a lawyer and defend this. There will be defenses available such as delay in filing (prompt complaint) and lack of physical evidence. In addition, the victim may be appointed a guardian ad-litem and/or assigned victim’s advocate which may make matters worse or better for you as a parent.

Sexting

Q: Hi. I met a woman on a site where you post Snapchat names claiming to be 18-20. I asked her age and she said 18 on two separate occasions. She sent me no nude pics but I did send a nude picture of myself. She sent a video sucking on a pen and selfies. Again, no nudity from her. I have no reason to suspect she lied about her age but now I am stressed if she did. What is the outcome if she lied? (Pittsburgh, PA)

A: Whatever you do, do not send her “father” a gift card in exchange for his promise not to prosecute.

Will I have to register when under Megans law as a juvenile offender?

Q: I’m about to move to Pennsylvania to go to college and I’m a sexual offender that was adjudicated and not convicted. I was 17 dating a 13 year old and the courts charged me with rape because of age difference. I went to juvenile prison for 9 months what I’m wondering is Megan’s law states juvenile offenders registering is unconstitutional and I contacted them and they said they almost positive I won’t have to register anymore. (Leesburg, VA)

A: On December 29, 2014, In re: J.B., No.87 MAP 2014, the Pennsylvania Supreme Court struck down SORNA’s Juvenile Offender registration requirements as unconstitutional. Juveniles are no longer required to register in Pennsylvania, except if they are classified by the Court as a Sexually Violent Delinquent Child. This decision also includes Juveniles who are to register in another jurisdiction or foreign country.