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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13508
Experience:  Experienced in multiple areas of the law.
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hi i am 25 and i am seeing this girl who is 16, is it illegal to have sex with her i live

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hi i am 25 and i am seeing this girl who is 16, is it illegal to have sex with her i live in nj here is one law I am really confused over

(3) The victim is at least 16 but less than 18 years old and:
i do not fit any of the "andS"
Sexual assault is a crime of the second degree.

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In New Jersey, the age of consent for sexual conduct is 16 years old. This applies to both heterosexual and homosexual conduct. As a general matter, this means that a person who is 16 years old can generally consent to have sex with any adult, regardless of age. It is not illegal for her to have sexual relations with you if she voluntarily consents.



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Customer: replied 6 years ago.
there is an age gap provision in jersey and i am older than the age gap.

The age gap provisions do not apply to you. That is for cases where a person is at least 13 but less than 16 and the actor is at least 4 years older.


She can voluntarily consent to sexual relations with you. My original answer is correct.

Customer: replied 6 years ago.
what if we have sex, she gets mad at me and runs to the cops about us having sex? when it comes to consent do i need to write a contract (i am not trying to write a contract but i will if i have to) but is there anything i can do to ensure she wont do something crazy just to get back at me and then it will be her word against mine.

The age of consent in New Jersey is 16. She is 16. That means she can voluntarily agree to have sex with you. You don't need to write a contract. There's no way to guarantee that she wouldn't run to the police and say you had sex with her against her will, but she could just as easily do that at 18 or 25, too. There's really no way for you to protect yourself against that. Anyone can make an accusation.


It would be foolish of her to do so anyway -the first thing that police would look for is evidence of non-consensual sex (e..g, bruises, internal injury, etc). That wouldn't be evident in such a case, and then she'd find herself arrested and charged with filing a false police report.


If you're not comfortable with having sex with her (and lets be honest, 16 year olds are not the most mature people in the world), or fearful that she might have regrets and run to the police and make up a story that you sexually assaulted her, then wait. There's nothing that says you have to have sex with her just because you legally can.

RobertJDFL and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thank u, u have basically put an expert opinion on my research i was thinking more or less the same way.
Sure, glad to have helped. Take care!