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Is it legal for someone 27 months older to have a relationship with a 15yo?
I am 17 and my boyfriend is 15. His parents do not approve of us and said they would call the police for statutory rape when I turn 18 next month. My boyfriend is 2 years and 3 months younger than me. We have known each other for years. Is it legal for us to be together?
Answer
The age of your boyfriend is an important factor when analyzing your situation under MN criminal sexual conduct laws. Since your boyfriend is currently 15, it is criminal for a person more than 24 months (2 years) older than him to be having sex (or sexual contact) with him. Since you are more than 2 years older than him, your sexual relationship is illegal. This crime would be Third Degree Criminal Sexual Conduct and is a felony. Whether you are 17 or 18 does not matter as the law looks at the age of the younger party and the difference in ages; not the age of the older party. The only significance your age has is whether you would be charged as a juvenile when you are 17, or as an adult when you are 18. I will note that 16 is the age of consent in MN, which means that once your boyfriend turns 16, your sexual relationship with him will no longer be illegal as he can then consent to having sex with a person who is more than 2 years older than him, assuming that you are not in a position of authority or significant relationship as defined by statute, or are otherwise prohibited under the law.
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