Legal Question in Criminal Law in North Dakota

Sex between a 16 1/2 yr. old & a 34 yr. old?

When I was 34 yrs old, I had an affair with a 16 1/2 yr old while living in ND. I am now living in Minnesota. The sex we had was consentual. I am applying for a Police Officers job. Part of the screening is a polygraph test. Before the test, the police examiner read me my Miranda rights. I was then given the list of questions before the test. 2 of the questions were; Have you ever had sex with a minor? & Are you a child molester? My question 4 you is, does that week affair make me a child molester? Can they put me in jail during the inteview if I answer wrong? Can they press charges and start an investigation on me?


Asked on 4/09/02, 6:32 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Sex between a 16 1/2 yr. old & a 34 yr. old?

Since it happened in North Dakota, the law of that state would apply, not the law of Minnesota. If there is any applicable federal law, that could apply as well.

By way of reference point, however, in Minnesota the age of consent to marriage is 18, but is 16 with parental or court approval. Minn. Stat Section 517.01. In Minnesota, premarital sexual intercourse is a crime "fornication" (regardless of age or consent) though I have never heard of that archaic statute being enforced -- and most people seem to have premarital intercourse in our culture. Minn. Sat. Section 609.34. Under Minnesota's Criminal Sexual Conduct statutes, Sections 609.341 - 609.353, it appears that consensual sexual intercourse with a person age 16 and older is not a crime unless certain special relationships or circumstances exist, such as "position of authority," "significant relationship," "psychotherapist," "spiritual advice," "member of clergy," "deception ... for a medical purpose," "employee, independent contractor, volunteer of a state, county, city or privately operated ... correctional system," etc. Read the statutes for details and definitions.

You would be well advised to retain and consult with a lawyer in North Dakota, where it happened, to discuss these issues, any applicable statute of limitations, etc. Since it happened in North Dakota, then Minnesota laws would not apply to those events. Rather, North Dakota and federal law would. Depending upon facts you have not disclosed here, it seems possible that you could be charged with a crime. Therefore, consult with a North Dakota lawyer, before making statements to police. Also, it is unwise to publish admissions to such matters over the internet like this. Internet communications are easily intercepted and traced. Good luck.

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Answered on 4/10/02, 1:13 pm


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