I am 18 and my boyfriend is 17. Can I be charged with Statory Rape if we have sex? My birthday is November 1992 and his is March 1994. We li...

Question

I am 18 and my boyfriend is 17. Can I be charged with Statory Rape if we have sex? My birthday is November 1992 and his is March 1994. We live in Minnesota.

Answer

Not unless you have some other relationship of authority to your boyfriend. My guess is that you don't, so the easy answer is "no you can't be charged."

609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;