Age of consent question

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My girlfriend is almost 17, and I'm 18. In Michigan, the age of consent is 16 but why do I always see movies ask if the other person is 18 and such. IS there like two age brackets? Like its legal (in MI) for 16 and 17 yr olds to fornicate but once you're 18 its just 18 and up?

Because movies like to just stick by 18 as a good general age, you're quite legal for consensual sex

In the US age of consent is primarily dealt with by state law, and varies from state to state. However, there is effectively also a Federal age of consent of 18. So long as you are both within the state, and don't use Federal means of communication to set up meetings for sex, Federal law should not apply.You should be aware, though, that in some states, the way the law is written, it is indeed true that two 17 years olds can have sex legally but an 18 year old cannot have sex with a 17 year old.

How can I find out more specifically if Michigan labels my girlfriend as "jail-bait," as some of our friends have so eloquantly put it.

I found this list of Michigan law sources. It could be a long search.

I found this page that explains the Sexual Consent Age Laws for teens. And I also found this but I'm not sure if it could help you or not. It's up to you to do some digging around. I typed in "Michigan Sexual Consent Age Law" in a search engine, so you can start there. But you might also want to look up "Statutory Rape" and see how that is seen in your state.

Originally Posted By: IneligibleHowever, there is effectively also a Federal age of consent of 18. I'd like you to elaborate on this. What kind of federal law specifies an age of consent? I thought this was strictly a state issue. I'm guessing you're talking about some kind of laws relating to communications for the purpose of arranging sex?

I'm not a lawyer or anything near. My understanding of US law is that where someone crosses state lines, or uses a Federal communication system, Federal laws against procuring sex with a minor can apply. But this needs someone who knows a lot more than I do.

I think it must be a law preventing people from crossing state lines to have sex with partners who in their own state would be illegal. There is a similar international law for people who go over to some asian countries to have sex with young girls (or boys) where the age of consent is much lower. Apparently they can still be prosecuted for it when they come back to their home country. I'm not sure what nations this specifically applies to.

There seem to be a bunch of pages on Wikipedia about this topic and I found them really interesting.Start here: http://en.wikipedia.org/wiki/Age_of_consent

Here's pretty much how State law vs. Federal law is. Federal law takes precedence over state law. There are federal laws that apply to all the states, then within the realm of the state, the laws can be more strict, but cannot be more lenient. Under state laws, are county laws, and city laws. They again can only be more strict than the larger law body above them.However for the most part, the federal law enforcement stays out of state business, and so on, and so forth. It is, a question as to how much power the federal law stands to lose, and if state lines are crossed.Here in California, medical marijuana has become the highlight of what rights a state/county or town has under federal law.It is somehow legal in California,but not federally so if you get caught with it by a cop who doesn't approve, or federal law enforcement they can prosecute at the federal level.It gets kinda sticky.

"...medical marijuana has become... It gets kinda sticky."Is there supposed to be pun in there somewhere. Sticky Icky?Your right about the laws though. Federal law is always preeminent and any state law that is contrary to federal law is invalid at least in a legal since.If you violate federal law it generally has to be a pretty serious offense to get the attention of the relative small number of federal prosecutors. That's why ndn women suffer a rate of rape almost triple that of the rest of society. A non-Indian man can rape a ndn women, on ndn land, and generally not have to worry about being prosecuted. Federal prosecutors have more important shit to worry about, I guess, and non-ndns have immunity from prosecution in native courts.

I'm pretty sure that, under the constitution, local law > federal law. But the Federal government has ways of using their advantages against states that don't abide by that. Like taking away federal funding for that state. Although in Denver, there's a city law that you can have more marijuana in your possession than state law allows. What happens, is if a state cop catches you and you're over the state limit, you can get in trouble, but if it's a city cop, they won't take you in.When the two people having sex don't have a large difference in age or the older person doesn't have a position of power over the younger, they usually won't ever take anything to court.

Local law is never greater than federal law. However that doesn't mean that either set of authority figures will enforce either of each others laws. Any law in violation of (contrary to) federal law will be stricken down on appeal and any conviction or judgement arrived at will be thrown out. It happens all the time.

Agreed that the risk of an 18 yr old getting into trouble federally for having sex with a 17 yr old is extremely minimal. AS LONG AS THE PARENTS APPROVE! That could open a whole mess. US rights to appeal can bring such a thing to light federally if in Superior Court such a case is lost.Federal law rules all though. Keep it in your own bedroom and you'll be fine. Though LEGALLY it is not ok.Local ordinances are usually what a citizen will have to abide by.Oh and Scotty, how DO you pick up on stuff like that!

Because I've been here to long, around the block to many times and because I have a warped mind.

I thought it was because you're just cool that way! Hmmmm....

Maybe I was thinking of the Articles of Confederation.