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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I have an 18 year old son who likes a 13 year old girl. Upon

Customer Question

I have an 18 year old son who likes a 13 year old girl. Upon finding out this child's age I went to the mother of the girl and stressed to her how uncomfortable I was with her allowing and encouraging her daughter to want to date an 18 year old. This mother of the 13 year old stated she had no problem with her daughter dating an 18 year old. I tried to tell her I believed it was illegal for an 18 year old to date anyone that young. My son has told me that he himself is still a virgin and I would like to believe him. I'm sure he is but he has lied to me about stopping from having any physical contact with her. He had agreed to not go to her home any longer but I have recently discovered he still has been going over there. I don't know what to do.
Submitted: 5 years ago.
Category: Legal
Expert:  Sam replied 5 years ago.

hi

 

what state are you in?

Customer: replied 5 years ago.
South Dakota
Expert:  Sam replied 5 years ago.

hi

 

thank you for that information - you can show your son that in SD the law for having sex with someone that age is considered rape - she is not of legal age of consent. you can try to explain to him that this girl can say he did something, even if he never does - or even if she consents to sexual contact, she can say she didnt.

 

you can also report her mother's approval to your local department of child services and explain that you do not condone it - this could be considered child negligence under the law, too. perhaps, if the mom gets a better explanation of the seriousness of this matter, she might prohibit her daughter, too.

 

 

22-22-1

 

rape to sexually penetrate a person between ages 10 and 16 if the actor is at least three years older than the victim. the penatly is up to 15 years

 

 

Customer: replied 5 years ago.

What all is considered sexual contact? Kissing, holding hands, holding each other, hugging? I have not seen anything but just recently found pictures posted on the internet of them taking pictures of themselves together just standing close holding each other.

Expert:  Sam replied 5 years ago.

hi

 

kissing could be considered sexual contact - and of course any of the "bases" for lack of a better description - and/or oral sex

 

here are the statutes as they pertain to those under aged minors

 

22-22-7. Sexual contact with child under sixteen--Felony or misdemeanor.

Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

 

 

22-22-7.2. Sexual contact with person incapable of consenting--Felony.

Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person, other than his or her spouse if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty of a Class 4 felony.

 

22-22-7.3 Sexual contact with child under sixteen years of age--Violation as misdemeanor.

Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor.

 

22-22-7.4. Sexual contact without consent with person capable of consenting as misdemeanor.

No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor.

 

22-22-24.3. Sexual exploitation of a minor--Felonies--Assessment.

A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:

(1) Is harmful to minors;

(2) Involves nudity; or

(3) Is obscene.

Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.

A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.

The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.

 

hope this helps you

 

 

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21386
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thanks
Expert:  Sam replied 5 years ago.

hi

 

sure. good luck. i hope you can get through to your son that being a convicted "sex offender" can ruin his entire life and it's just not worth it.

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