Legal Question in Criminal Law in Michigan

Age of sexual consent in Michigan.

Hello,

A question came up between several friends of mine during a conversation. It deals with the age of legal sexual consent in Michigan. My contention is that any minor (under the age of 18, I assume) cannot legally consent to have sexual activities with another minor or an adult (anyone over the age of 18). Several of my friends disagreed, and stated that in Michigan, a minor 16 years old and over can legally consent to have sexual activities with even an adult. This disturbs me greatly, and I wish to know if this is a fact under the laws of the State of Michigan.


Asked on 10/14/05, 3:50 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Age of sexual consent in Michigan.

Your friends are correct.

Altho, your logic is hard to challenge. We have way too many age-specific hurdles re: when you're old enough to do this or that. For example (aside from a driving age): 14 years od to be treated as an adult in serious felonies (w/ court or prosecutor determination) ... 16 yrs old to consent to have sex ... 17 years old to be treated as an adult for all purposes of criminal prosecution ... 18 years old to smoke, to vote and to be legally emancipated ... 21 years old to drink alcohol.

Yup, you can have sex at 16 or 17, but if you smoke or possess a cigatette afterwards (in a public venue or business or roadway), you can be prosecuted!

Confused? Contact your friendly legislator.

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Answered on 10/14/05, 4:50 pm


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