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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26420
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a 19 year old boy that turns 20 this August and he is

Customer Question

I have a 19 year old boy that turns 20 this August and he is dating a 16 year old girl that turns 17 in February. He says he is not having sex but at the same time tells it is legal of they ever decided to have sex. Is it in Idaho?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

The age of sexual consent in the state of Idaho is 18 years old. That means a 16 or 17 year old girl is deemed legally incapable of consenting to a sex act. As your son is an adult, he can be arrested and charged with statutory rape. HOWEVER there is an exception under the law if he is less than three years older than his sexual partner.

Here is the law of your state: So, as long as the age gap between them is not three years or more, he cannot be charged with rape if he does have sex with this young woman in Idaho.