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Ms Chase
Ms Chase, Consultant
Category: Legal
Satisfied Customers: 2897
Experience:  Business, Custody, Marriage/Divorce, Criminal Law, Contract Negotiation, Entertainment Law
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In Minnesota, the age of consent is 16. Does this mean ...

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In Minnesota, the age of consent is 16. Does this mean it is legal for a 16 year old to have sex with a 20 year old?

Hello

It is only a crime if the 20 year old is more than 48 months older that the 16 year old. If they are, it would be considered criminal sexual conduct in the fourth degree. See here for more info.

Chase

Customer: replied 8 years ago.
Reply to Ms Chase's Post: That does not make much sense to me.

So, it is a crime for a 20 year old (with no authority over the 16 year old) to have sex with the 16 year old?

If the 20 year old is more than 48 months older than the 16 year old, then yes, it is a crime. What part do you not understand?

Chase

Customer: replied 8 years ago.
Reply to Ms Chase's Post: I thought if the age of consent in Minnesota is 16, then it is legal for the 16 year old to have sex with a person of any age so long as that person is not an authority figure over that 16 year old, meaning not a teacher, coach, etc....


Can you give me a detailed example of a situation where it would be legal and one where it would be illegal?

Hello sir,

I apologize for the misunderstanding. The statute reads, (f) if the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact.

see below for the interpretation of 'significant relationship'

Subd. 15. Significant relationship. "Significant relationship" means a situation in which the actor is:

(1) the complainant's parent, stepparent, or guardian;

(2) any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or

(3) an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant's spouse.

 

Chase

Customer: replied 8 years ago.
Reply to Ms Chase's Post: So, it is legal for the 16 year old to have sex with a person of any age so long as they are not an authority figure in that 16 year olds life?

Yes, I apologize for any confusion.

Chase

Ms Chase and 10 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Thank you very much.

That is all I needed to know. :)

You're very welcome :)

Chase