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Please help cnet forum perusers

I am 17, almost 18 and I am having questions about the legality of two certain laws in MA. I find that the two laws is really confusing and moreover it is contradictory. If anyone is a lawyer, or knows anything about this or even just has an opinion please feel free to shoot an answer. Ok here are the two laws in question:

*********[Chapter 272: Section 4. Inducing person under eighteen to have sexual intercourse
Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.

Chapter 265: Section 23. Rape and abuse of child
Text of section as amended by 2008, 205, Sec. 2 effective October 22, 2008. For text effective until October 22, 2008, see above.]

Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.***********

Imagine a situation like this: Two partners are 17 and one turns 18. According the the law, it seems that the age of consent is 16, and so the two 17 year olds would be able to have intercourse, but then suddenly when one turns 18 they would not be able to? Please help I am so confused...

Thanks,
Eli

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i would suggest further reading

In reply to: Please help cnet forum perusers

to see how they define (in section 4) "unlawful sexual intercourse"

.,

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?

In reply to: i would suggest further reading

And where exactly would I find such information?

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look for something that mentions age...

In reply to: ?

...difference between participants. Some places to avoid such situations have a transitional clause where age is close.

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Response

In reply to: Please help cnet forum perusers

Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse

IF/since both parties are 17 (under 18 years ofd age) and NOT of chaste life when 17.

Both parties COULD say it was mutual (they induced each other)

When the first party turns 18 and continues having sex with the 17 year old (the 17 year old is NOT chaste) so the section does not apply.

This section is prevent an 18 year old from coercing a younger person (chaste person) into having sex.

The person you are talking about has already had sex.
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Ok

In reply to: Response

So you mean that if the person who is above 18 has sex with a virgin 16-17 year old, it is illegal, however if the 16-17 year old has previously had sex, regardless of whether it was with the 18 year old in question, then it is legal?

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That's how I read that section

In reply to: Ok

I'm not a lawyer.

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thank you!

In reply to: That's how I read that section

i appreciate it a lot.


but if anyone who is a lawyer can shed some light please feel free.

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some reading for you

In reply to: thank you!

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now take your tongue out of your cheek

In reply to: Response

CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER

Chapter 272: Section 4. Inducing person under eighteen to have sexual intercourse

Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.


i.e. two 17 year olds having sex is against MA law

(on the other hand, it is possible for a pre-18 couple to marry -with a judges approval of course)


http://www.mass.gov/legis/


.,

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See why the person is confused?

In reply to: now take your tongue out of your cheek

A jury would be confused.

i.e. two 17 year olds having sex is against MA law

"inducing" is against the law, not the sex.

That's why I said 2 17 year olds COULD say they induced each other.

Which one was the seducer and which one was the seducee?

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How does one lose the

In reply to: See why the person is confused?

"of Chaste life"?

If they are not of chaste life in the first place, then it seems that whether they are induced or not, no law is broken. But how would that under 18 year old lose their chaste life anyway? Legally? Illegally?

Such is why we have lawyers, Sad

Mark

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Seems it would be be wiser

In reply to: Please help cnet forum perusers

to stay well clear of the "red zone".

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No rational prosecutor would persue this.

In reply to: Please help cnet forum perusers

You're probably safe.

Unless, of course, her parents hate you. They could pressure the prosecutor to bring charges.

Dan

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rational?.....

In reply to: No rational prosecutor would persue this.

how could you be rational in a state that has a law against fornication?


.,

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(NT) I'd say by ignoring those laws.

In reply to: rational?.....

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(NT) not surprised

In reply to: I'd say by ignoring those laws.

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(NT) Really? Common sense shouldn't be surprising.

In reply to: not surprised

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(NT) if immorality is common sense

In reply to: Really? Common sense shouldn't be surprising.

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(NT) LOL! Good one.

In reply to: if immorality is common sense

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No effect on two 17 year olds

In reply to: Please help cnet forum perusers

Chapter 272 only applies to "unlawful" intercourse and Chapter 265 only applies to rape of children under 16 years of age. Neither gives the age of consent for your state. Your theoretical scenario is probably not of concern to the average prosecutor.

IMO you would be smarter to pursue answers to questions like these from a lawyer instead of an internet forum.

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how so?

In reply to: No effect on two 17 year olds

if one or both of the couple is under 18, it's unlawful intercourse


.,

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(NT) Where does it say that?

In reply to: how so?

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(NT) did they define "lawful intercourse"?

In reply to: No effect on two 17 year olds

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The question can be rationalized all you want... but...

In reply to: Please help cnet forum perusers

... the reality of the law is this. If an 18 year old has documentable sex with a 17 year old, then it is up to the discretion of the prosecutor to pursue criminal charges whether or not the 17 year old states that the sex was consequential and not "induced".

There are plenty of boyfriends through the years who have run afoul of angry parents and crusading prosecutors, and found themselves in trouble with the law because of such laws. It is not a question of IF[/b[ the younger person was willing to have sexual relations... it is only a question of if the law wishes to pursue the case. For the purpose of the law... all individuals under the age of 18 and not married can be assumed to be "of chaste life", whether they actually are, or not. Now in this day and age, in many cases those involved most likely will be told to go home by the cops if they are caught with their pants off, in the back seat on some dirt road. That does not mean that the cops did not have the choice of detaining, investigating, and arresting those involved.

There is no exemptions for laws dealing with underage sex based on the idea that if the underage people were having sex before... then it is somehow OK now that one is an adult and one still a legal minor. Look, there are laws still on the books in many communities which makes oral sex against the law and punishable by imprisonment, no matter what age a person is. Laws concerning age and consent are based upon community standards which can vary widely from town to town and state to state.

Bottom line is only a lawyer can tell you for sure, but I would say it is wishful thinking to argue that since you kids were having sex while you were both minors... that the older of you two is somehow now exempt from any laws that might apply.

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take her father a six pack

In reply to: Please help cnet forum perusers

Maybe he'll forget all about it. Buy some lights for their trailer.

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This is Massachusetts we are talking about...

In reply to: take her father a six pack

You could conceivable be dealing with a couple of gay or lesbian parents.

A bottle of merlot and a six pack?

Wink

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Tickets to opening day at Fenway Park

In reply to: This is Massachusetts we are talking about...

No Mass. resident would turn those down.

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in that case

In reply to: This is Massachusetts we are talking about...

take them a case of wine and install a dishwasher, that way nobody loses and they'll want to keep him around.

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Shovel the driveway works for my neighbour

In reply to: take her father a six pack

Devil

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