Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

hi I had a sex with a girl who was 16 3/4 at the time. age

of consent in her state...
hi I had a sex with a girl who was 16 3/4 at the time. age of consent in her state is 16 in mine it would be 17. is she bound by the laws in the state where she resides? can her family try and accuse me of statutory rape? any info would be appreciated
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 29 minutes by:
9/3/2008
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1,805
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Verified
Which state's law would apply depends on where the sexual activity took place ... if in her state, the age of consent at 16 would apply ... if in your state, the age of consent at 17 would apply.

The threat by her family is in itself quite possibly a criminal act. New York Penal Code section 135.60 defines criminal coercion as:

Section 135.60 Coercion in the second degree

A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will:

...
4. Accuse some person of a crime or cause criminal charges to be instituted against him;

...
Coercion in the second degree is a class A misdemeanor.


There is a defense to this crime:

Section 135.75 Coercion; defense

In any prosecution for coercion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.


Under the circumstances, however, it does not appear that this defense would apply.


You should be careful about referring to this court section ... just tell them that you are aware of it and want them to stop threatening you. Do not make any counter threat to file a complaint against them.


If you committed no crime, it doesn't really matter what report they make. Good luck to you in this difficult situation.

Ask Your Own Criminal Law Question
Customer reply replied 9 years ago

so are you saying they there chances of taking me to court would be slim unless they had some sort of proof the any sexual act took place in my state.( it took place in theirs where it is 16) they said they'll lie and say it happened in NY.

Yes, that is exactly the point. If any of these threats were made in writing, keep them. Is the girl participating in this threat against you? She is really the only person who could make a credible claim regarding the place where the sexual activity occurred. Do you have anything in writing from her about it, such as letters or emails written at the time? If so, keep those as well, just in case.

The threats to lie about the circumstances is yet another act of criminal coercion ... and you should not let them intimidate you. If you want to have a role in the life of your child, you are going to have to stand up to your girlfriend's family.
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1,805
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Verified
Jim Reilly and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Jim Reilly Your Own Question
Jim Reilly
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1,805
1,805 Satisfied Customers
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.

Jim Reilly is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Bf is in jail for second degree cruelty to a juvenile he has
Hey my bf is in jail for second degree cruelty to a juvenile he has never been in trouble or jail im trying to see if he can get a bond reduction … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
When someone is accused of rape and arrested then all of the
When someone is accused of rape and arrested then all of the physical evidence says the person is not guilty how long can the accused be held in jail in Texas?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
If a complainant reports battery (specifically rape) in
If a complainant reports sexual battery (specifically rape) in Florida, what level of probable cause would need to exist for the police to be able to seize the suspect's cell phone?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
I live in Michigan. Can I file a criminal complaint for
I live in Michigan. Can I file a criminal complaint for usury? I was charged 60% interest on a 20k personal loan from a private individual. During a court hearing in which the plaintive was sueing me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I have been raped, and a rape kit was provided. I have
I have been raped, and a rape kit was provided. I have written letters to have my kit put through ASPHIS, but I get ignored, so my rape & assault was never adjudicated but ignored by a Detective that … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I facing charges of Larceny second degree. I'm confessed of
I facing charges of Larceny second degree. I'm confessed of taking $1000 from petty cash at work. But I did not take that money. I confessed because of all the thing the detective was accusing me of d… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I wanted to know how do I go by getting a second degree
Hello I wanted to know how do I go by getting a second degree assault charge drop before court date … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was charged with second degree of breach of peace and my
Hi I was charged with second degree of breach of peace and my arraignment is tomorrow. What advice do you have for this part of the process… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
If a person files a criminal complaint (based on written
if a person files a criminal complaint (based on written evidence which supports the facts of the complaint), can they be sued for defamation per se?In this situation, the accused person published (on… read more
Expert James
Expert James
Doctoral Degree
11,711 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is the filing of a criminal complaint defamation if the
Is the filing of a criminal complaint defamation if the prosecutor decides not to press charges against the person who was named in the criminal complaint? Also considering that the criminal complaint… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x