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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24457
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I kissed a 15 year old girl. Nothing else happened but I'm

Customer Question

Hi I kissed a 15 year old girl. Nothing else happened but I'm worried can U get in trouble for this. I was 25 .
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

The law prohibits sexual contact between an adult and a minor below the age of consent. Someone below the age of consent is legally presumed not to be capable of given her consent, even if she actually does know what she's doing.

In Hawaii, according to Hawaii's penal law section 707-700 (2):

"Sexual contact" means any touching, other than acts of "sexual penetration", of the sexual or other intimate parts of a person not married to the actor, or of the sexual or other intimate parts of the actor by the person, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts.

A kiss would not be considered sexual contact.

Customer: replied 1 year ago.
OK so if no sexual parts we're touched and we just kissed there is nothing I can be charged with?
Expert:  Zoey_ JD replied 1 year ago.

It's not a sex offense. It is not illegal for a 15 year old and a 25 year old to date or to be in each other's company. It is only illegal if the adult engages in any type of sexual contact or solicits the minor for sex or, of course, if tha adult does other things with the minor which are illegal, such as giving her alcohol, cigarettes, or illicit drugs.

Customer: replied 1 year ago.
OK thank you I am just worried the mother of my child is saying I can't seem him and calling me names and threatening me. I just was worried over a kiss that I was dumb to even do but it never went further than that
Expert:  Zoey_ JD replied 1 year ago.

It is not a wise thing to have done, and it might raise the suspicion that you were engaging in sexual activity with her, but if those suspicions are incorrect, you have committed no crime.

Customer: replied 1 year ago.
if someone tries to say we touched sexually not oral or anything but touched what could I be charged with?
Expert:  Zoey_ JD replied 1 year ago.

You could be charged with Sexual Assault in the third degree, since she is 15 and you are more than 5 years older than she is. That's a class C felony, and if convicted it carries a maximum possible penalty of 5 years of prison and up to $10, 000 in fines. Lifetime registration as a sex offender would go along with this.

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