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RobertJDFL, Lawyer
Category: Criminal Law
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Im 24 years old and met a friend of a friend who is 17. We

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I'm 24 years old and met a friend of a friend who is 17. We haven't had sex, nor plan on it at all, but what is legality of it? She's from PA and I'm from NY, and I know PA has an Age Gap Provision but I don't understand it. Anyways, if I were to visit her OR she were to visit me in this state (NY), what's legal and what's not? I'm curious as to what applies if we visit each other's states at our ages.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 5 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

The age of consent in Pennsylvania is 16. As she is under 18, it's still possible to be charged with the misdemeanor of "corruption of a minor" which is defined as:

§ 6301 Corruption of minors.

(a) Offense defined.-- (1) Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, commits a misdemeanor of the first degree.

Normally, however, corruption of a minor involves using something like drugs or alcohol to entice a minor into having sex.

The age of consent in New York is 17.

So, it would be legal to have consensual sex in either state.


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Customer: replied 5 years ago.
Thanks for the fast answer! Does the her state of PA's Age Gap Provision apply if the act were to happen in PA? I read something where if there is an age gap of 4 years or more, then it is not allowed if the person is a minor. Also, if she travels here , do NY's laws apply or do PA's since she's a resident of PA?
Expert:  RobertJDFL replied 5 years ago.

The age gap provision isn't applicable since she is of legal age to consent to sex. The age gap deals with persons 13-15 having sex with a person 4 or less years older than them.

If she were to travel to you, the laws of NY would apply, because it's where the sexual act is taking place --not where she is from that matters.

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