1st Amendment and Free Speech/dating question

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Expert: - 8/15/2008


Question
QUESTION: I am sixteen on 8/16/08 and my really good guy friend, Cameron, is nineteen. We've been thinking a lot lately about dating. We would like to, but we don't know what the laws about people our ages having that kind of relationship. We don't want to do anything against the law. So I'm just wondering what the law says about a sixteen year old and a nineteen year old dating? Thanks.

ANSWER: Katie,

The laws vary from state to state.  Some states prohibit contact between juveniles 16 and under and persons four or more years older.  Your best bet is to contact your local police department and ask them to tell you the law regarding statutory rape and juvenile dating.

Best of luck.


JP

---------- FOLLOW-UP ----------

QUESTION: Hi, thank you a bunch for your advice, but i have a problem. I happen to be really shy and would be too nervous to ask the police department so just wondering but, do you happen to know what the law in Minnesota says about a sixteen year old and a nineteen year old dating? (sorry to be a pain) thanks!

Answer
Katie,

The age of Consent in Minnesota is 16. If you are 19 or older and have sex with someone under the age of 16, you are guilty of Statutory Rape. The state explicitly says that consent by the minor is not a defense, AND not knowing the exact age of the minor person is not a defense.

There must be a minimum age difference of three years before sex constitutes a criminal act.

It appears that you can date him.

Best of luck.

JP

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Jeffrey-Peter Hauck

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I would welcome the opportunity to answer questions related to or relating to the First Amendment of the U.S. Constitution.

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Adjunct professor of criminal justice and political science teaching the courses of "criminal law" and "constitutional law" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Holder of over 50 certifications relating to police instruction. Currently a licensed private detective. 8 year veteran of the United States Army as a Staff-Sergeant/ E-6. Served as Platoon Sergeant and other roles. Primary MOS was 11B3PF7, Airborne Infantry NCO and Pathfinder. Cross trained as supply NCO (76Y) and administration NCO (71L). Graduate of PLDC, BNCOC, and ANCOC leadership schools. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer in the U.S. Army Reserve.

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ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU).

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Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright.

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Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Emmaus, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training.

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United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004.

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