RuinousRomance

New Mexico/Colorado Dating Law

13 posts in this topic

First off, this is a Homosexual Relationship (I'm stating so because the laws differ from Heterosexual to Homosexual)

I've been together with my boyfriend for quite sometime now. He recently turned 18 in May. The problem is, I'm 15. Now we known that this may be a problem with the law of New Mexico, so I've been doing research of the state laws of New Mexico. I've been having trouble finding an actual age limit of Homosexuals dating (And when it says dating, it means having sex, according to the law)

I found that the dating law is under appeal at the age of 13. What does that mean for the actual age? Is it under debate?

I would like to also know the dating law for Homosexuals in the state of Colorado. I believe its 17, is it not? Can I have comfirmination?

If anyone has the answer for my first question preferingly though, it would be greatly appreciated. Thank you for your help, everyone.

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The age of consent in both states is 17. Before you turn 17, any sexual contact between you and your boyfriend is illegal and he can be prosecuted.

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Several things to note. First, "dating" is not the same the same thing as sexual activity, and the law does not specify a "dating" age. Second, the law regarding consent for sexual activity is the same whether the persons involved are gay or straight. Third, the law that applies is the state where the sexual activity takes place.

Under NM law, it appears that the age of consent for sex is generally 17, although having sex with a child 13 to 16 years old is also not a crime if the adult is no more than 4 years older than the child. There is a separate provision that applies to sex with any minor by persons in certain positions of trust.

Under CO law, the age of consent for sex is also 17. However, there is more to it than that. If an adult has sex with a minor at least age 15 and the adult is no more than 10 years older than the minor, that is not illegal so long as the minor agreed to the sexual activity. Similarly, if the minor is under age 15 and the other person is no more than 4 years older, that is also not illegal. There is a separate provision that makes it illegal for persons in a position of trust to have sex with any minor, even one age 17.

In both states, because of the 3 year difference in ages, there may not have been any illegal sexual activity here, depending on what age you were when the activity first started. However, you should confirm the details of the law in any state in which you plan to engage in sexual activity to confirm that no crime is being committed. Conviction on sexual offense charges can have severe consequences for many, many years.

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GuessAgain said...

Before you turn 17, any sexual

contact between you and your boyfriend is illegal and he can be

prosecuted.

That's wrong. Both states have "Romeo and Juliet" provisions that exclude from statutory rape sex with certain minors under age 17 so long as the other person is no more than a certain number of years older than minor. See my previous reply. I'm surprised you didn't see that if you looked at the statutes, and even if you didn't, the information is included in most of the age of consent web sites I've seen, including the Wikipedia article. (Though of course one should never rely on web summaries as they can be inaccurate, but they can provide a place to start.)

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Thank you for that helpful and vital infomation. We are 2 years and 10 months apart. So in NM and CO its ok for us to have sexual activity (as long as I agree)? Since I'm 15 and he's 18, its ok for us to be together?

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"So in NM and CO its ok for us to have sexual activity (as long as I agree)? Since I'm 15 and he's 18, its ok for us to be together?"

As long as your parents are ok with it, it's not illegal.

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I do have one question.. If I'm 18 and he's 15.. We were dating 2 months before I turned 18.. And we haven't had any sexual activity is it illegal???

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I do have one question.. If I'm 18 and he's 15.. We were dating 2 months before I turned 18.. And we haven't had any sexual activity is it illegal???

I suggest you read the prior responses; this question was already answered.

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I do have one question.. If I'm 18 and he's 15.. We were dating 2 months before I turned 18.. And we haven't had any sexual activity is it illegal???

The law doesn’t making “dating” a minor, e.g. going out for dinner and movie, illegal. What may be illegal is having some sort of sexual contact/activity with the minor. The exact rules depend on the laws of the state where the sexual contact/activity would take place. As you didn't indicate the state, no one can tell you what the rules are about that. But if you've not yet done anything that involves sexual contact/activity, you shouldn't have much to worry about.

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GuessAgain said...

Before you turn 17, any sexual

contact between you and your boyfriend is illegal and he can be

prosecuted.

That's wrong. Both states have "Romeo and Juliet" provisions that exclude from statutory rape sex with certain minors under age 17 so long as the other person is no more than a certain number of years older than minor. See my previous reply. I'm surprised you didn't see that if you looked at the statutes, and even if you didn't, the information is included in most of the age of consent web sites I've seen, including the Wikipedia article. (Though of course one should never rely on web summaries as they can be inaccurate, but they can provide a place to start.)

GA said CONTACT not intercourse. Ohio also has seperate crimes as in CONTACT and CONDUCT.

This law seems odd, as I see nowhere that if a 14 year old "consents" to "contact" it is illegal?

D2 provides age an disparity but only if the exceptions apply, position of authority etc.

New Mexico;

30-9-13. Criminal sexual contact of a minor.

contact of a minor is the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one’s intimate parts. For the purposes of this section, "intimate parts" means the primary genital area, groin, buttocks, anus or breast.

B. Criminal sexual contact of a minor in the second degree consists of all criminal sexual contact of a minor in the second degree is guilty of a second degree felony for a sexual offense against a child and, notwithstanding the provisions of Section $jumplink_md=target-id=0-0-0-4567"]31-18-15 NMSA 1978, shall be sentenced to a minimum term of imprisonment of three years, which shall not be suspended or deferred. The imposition of a minimum, mandatory term of imprisonment pursuant to the provisions of this subsection shall not be interpreted to preclude the imposition of sentencing enhancements pursuant to the provisions of Sections 31-18-17, 31-18-25 and 31-18-26 NMSA 1978.

C. Criminal sexual contact of a minor in the third degree consists of all criminal sexual contact of a minor in the third degree is guilty of a third degree felony for a sexual offense against a child.

D. Criminal sexual contact of a minor in the fourth degree consists of all criminal sexual contact :

(1) not defined in Subsection C of this section, of a child thirteen to eighteen years of age perpetrated with force or coercion; or

(2) of a minor perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.

Whoever commits criminal sexual contact in the fourth degree is guilty of a fourth degree felony.

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GA said CONTACT not intercourse. Ohio also has seperate crimes as in CONTACT and CONDUCT.

 

I understand that GuessAgain said “sexual contact.” The OP specifically asked about “having sex,” i.e. intercourse, and my answers addressed that, including the Romeo and Juliet provision that I discussed. The NM statute that you quoted regarding sexual contact would not apply to the OP’s situation. Look at all three degrees of the crime closely. You'll see that in order to be guilty of criminal sexual contact under any of them, at least one of three situations must exist: (1) the minor is under age 13, (2) force or coercion was involved, or (3) the defendant was in some sort of position of trust with respect to the minor. None of those conditions appear to be present here. The minor was age 17 and thus not under age 13. The post indicates a dating relationship, so I assume that any sexual activity or contact that he’s asking about is not forced or coerced. (I think most people understand that any sort of forced sexual activity or contact is likely illegal.) Finally, there is nothing to suggest that the adult is in any position of trust with respect to the minor. They are simply two people dating each other. So, nothing in that statute contradicts my response and I’m not sure why you mention it when it does not appear to apply to the OP’s situation.

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So, nothing in that statute contradicts my response and I’m not sure why you mention it when it does not appear to apply to the OP’s situation.

 

I did not read it that way, he was saying he "thought" the dating law was a having sex law:

 

 

(And when it says dating, it means having sex, according to the law)

 

I was just pointing out that sexual CONTACT had no intercourse involved, that's all.

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