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1st Amendment and Free Speech/Sexual age consent among states

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Expert: - 4/15/2007


Question
I know that the sexual consent age in Washington State is 16 but does that only apply to in-state residents. For example: Can I, a 21 year old from California, have sex with some who is 16 in Washington State?

Answer
Hi Nick,

This is not really a free speech question, and I am not particluarly an expert in statutory rape law, so take my answer with that in mind.

If the activity is done in Washington State, then Washington State law applies.  If the age of consent is 16, then that is what would apply.  A State cannot treat nonresidents differently under the law than it can residents.

Keep in mind, however, that Washington also makes it illegal to "communicate with a minor for immoral purposes" which has sometimes been used to prosecute relationships with 16 or 17 year olds.  Also, it can be a federal crime to transport a minor across state lines for "immoral purposes."

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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