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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18808
Experience:  Lawyer and current JAG officer.
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Can an enlisted 19 year old marine get penalize a 15 year

Customer Question

Can an enlisted 19 year old marine get penalize for dating a 15 year old civilian even though the 15 year old parents allow the relationship?
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

Yes, the military member could get into trouble. This is because the Uniform Code of Military Justice has its own age of consent (16), which doesn't rely on a state's age of consent UNLESS the state's age of consent is actually more restrictive.

So, if a state has a rule allowing 15 year old age of consent, with the parents approval, that wouldn't change the military rule of 16 being the lowest appropriate age of consent.

However, if a state has a rule making 18 the age of consent, then that higher (more restrictive age of consent) applies.

So, if the enlisted member's command has an issue with this relationship, they could legally issue a "no contact" order just for dating AND any sexual activity would be a violation of the UCMJ.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have question concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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