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Punishment depends on state law. For example, in New Jersey, the age of consent is 16, but individuals who are 13 or older may legally engage in sexual activity if their partner is less than four years older than they are. In California, it's a misdemeanor to have sex with someone younger than 18 if the offender is less than three years older, while someone more than three years older could be charged with a felony.
Even for states with a single age of consent, there may be exceptions.
If underage dating involves sexual intercourse, state statutory rape laws may apply. If you are charged and found guilty of having sex with a person who is younger than the statutory age of consent, you face the possibility of incarceration.
In New Jersey, for example, the general age of consent is However, a young adult between the age of 16 and 18 cannot give consent to engaging in sexual intercourse with someone who has supervisory or disciplinary power over the young person. That person might be a tear, probation officer, law enforcement official, hospital worker, counselor or a youth group leader. Any of these people will have committed a crime when they engage in sexual conduct with an individual they have authority over, even if that person is above the age of consent.
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If underage dating involves sexual intercourse, state statutory rape laws apply. If you are charged with having sex with a person who is younger than the statutory age of consent and are found guilty, you may face legal consequences such as jail time.
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