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Here is the relevant provision: No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen years of age or older and four or more years older than the other person, and the other person is sixteen or seventeen years of age, whether or not the offender knows the age of the other person.
130, a 20-year-old who asks a 16-year-old to have sex with him, or a 21-year-old who does the same with a 17-year-old, thereby commits a fifth-degree felony, punishable by six to 12 months in jail and a ,500 fine. But if the teenager broaches the subject, or if the sex proceeds without any explicit verbal reference to it, no crime has been committed.
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In the wrong hands, this information can be used to harass, threaten or intimidate children, further putting them at risk. Internet sex crimes charges leave an electronic trail, making defense against these charges imperative.
And if the object of his attention happens to have a fake ID—as teenagers pretending to be older than they are sometimes do, especially when they go to bars or clubs—that is no defense.Having sex is fine, as long as you don't talk about it beforehand.