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Attorney & Mediator
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What are the Arizona laws regarding an emancipated ...

Resolved Question:

What are the Arizona laws regarding an emancipated woman under the age of 18 moving to Arizona reference th elgality of moving over state lines and having sex with a person over 18
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
The age of majority in Arizona is age 18. An adult can decide to have any consensual sexual relationship with any adult whom them want, so long as it is not against their will. It does not matter they she has moved over state lines. So long as she is a legal adult and consents to have sex, then there is no issues of criminal liability.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
So to clearify. Even if this person is emancipated. He/She cannot have sex with a person 18 or over without there being criminal libility
Expert:  Attorney & Mediator replied 6 years ago.
Hello.

No, that is not what I said.

This person is a legal adult, they can have sex with another adult if the consent to it. If there is no consent then this person can press charges for rape or sexual assault.

A sex crime occurs when one person is forced to have sex without their consent.

There is no sex crime if the person consents to having sex.

Hope this makes sense.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
ok I want to make sure. The emancipated person even though this person is 16 is considered an adult for among other things having sex with a person over 18 legally
Expert:  Attorney & Mediator replied 6 years ago.
Oh wait a minute.

I need more clarification.

1) Minor is 16, how is she emancipated?

Customer: replied 6 years ago.
She divorced her parents
Expert:  Attorney & Mediator replied 6 years ago.
Is Arizona still her state of residency?

Customer: replied 6 years ago.
Reply to LawNinvest's Post: No she lives in Mass but wants to move to Arizona
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for the clarification.

My answer changes greatly. Emancipation will not remove the age of consent laws for the state in which she wants to establish residency.

However in Arizona the age of consent is 15. So once she moves to Arizona she will be bound by the laws of her new homestate. Since she is 16 there is no issue as to statutory rape.

The law will only criminalize if the sex is against her will. There is no age difference.

You can read all sex crimes here. As you can see these are the only ways someone can be charged with a sex offense.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Expert:  Attorney & Mediator replied 6 years ago.
I have answered your question, please let me know if you need further help with this.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
I was reading AZ statuate 13-1407 section F. I know the person she is thinking of moving to in AZ is more than 24 months older than she. Does this make a difference or does the emancipation come into play
Expert:  Attorney & Mediator replied 6 years ago.
The emancipation laws will not change the age of consent laws. These are two different things. Being emancipated only gives her certain rights, such as the ability to enter into contract as an example, but it does not extend to the age of consent laws, which in Arizona is age 15.

The age of consent laws will protect someone from engaging in a consensual sexual relationship with someone who is 15 years of age or older.

The code section that you referrence is a defense that the alleged "defendant" can assert if they ever become prosecuted under code section 13-1405.

Under 13-1407, the defendant can assert as a defense several different grounds:

1) that the victim is within the age of consent (if the victim is fifteen, sixteen or seventeen years of age)

2) that the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.,

These are several defenses the defendant can assert if he were charged for the offense under 13-1405.


Emancipation does not come into play, you need to focus solely on the age of consent laws for Arizona.

I will be login off for tonight, if you have further questions please post them and I will answer them tomorrow morning, else please accept my answer for the work I have provided you here. Thank you.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Ok to summariaze. She is 16 Moving from Mass to AZ. He is more than 24 months older and certainly out of High School. So you are telling me they shouldnt have a problem?
Expert:  Attorney & Mediator replied 6 years ago.
How old is this person since he is more than 24 months older.

Did he stand in a position of teacher, employer, guardian etc... with this minor? How did they meet?


Customer: replied 6 years ago.
Reply to LawNinvest's Post: I beleive the male is 25 and desires to marry. They think since she is emancipated they can do that. If I recall correctly they met on line
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your response.

A nine years different may not work in this male's favor. The defense statute says no more than 24 months (two years). Although she is of consenting age, if something were to happen and she accuses him of a sexual assault (not statutory rape), the prosecution will question this person's age difference.


That issue aside. In Arizona an emancipated child is allowed to marry without the consent of her parents. So she will be able to marry this person. The concern I mentioned in my second paragraph here is the relationship they will have without marriage.

So the best "protection" I can see here is marriage. Without marriage, the male faces potential questioning from the prosecution, should the minor ever get angry and file for assault charges (not statutory as those don't apply as she meets the age of consent).

Here is how the emancipation is addressed in Arizona for marriages.


Question: can an emancipated minor get married without consent?

Answer:

Yes. Marriage is a binding contract, and in Arizona an emancipated minor has the right to enter into a binding contract.

The Arizona Legislature passed laws, effective on August 12, 2005, allowing minors to be emancipated (A.R.S. §§ 12-2451 through 12-2456). Emancipation means that you are legally free from your parents or legal guardian. Once emancipated you have many of the same rights and obligations as an adult. Those rights and obligations include:











  • the right to enter into a binding contract
  • the ability to sue and be sued
  • the right to buy and sell real estate
  • the right to live independently
  • the legal duty to pay child support if you have a child
  • the ability to apply for loans and create your own debt
  • the right to consent to medical, dental and mental health care for yourself and your child and obtain your records
  • the right to further your education
  • the right to obtain social services
  • the right to operate certain equipment and perform certain services

    Arizona has another law that requires persons under eighteen years of age to have consent for marriage from the parent or guardian having custody of such person (A.R.S. § 25-102). This law does not apply to an emancipated minor because there is no one (parent or guardian) that has custody for the minor.



  • Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

    Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.







    Attorney & Mediator, Lawyer
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