Age of consent law loophole?

I know it is different in states but I remember my coworker explain a funny situation, where the girl would be born, for instance, on November 24 and guy on November 25th and they had 4 years apart. And in some kind of situation it would be legal for them to have sex on her birthday, but not on the previous and the following day.. I live outside the U. S, but i really would like a link or a good reexplanation.


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Most Helpful Guy

  • There are age gap exceptions to consent laws where they don't prosecute if the adult is within a number of years of the minor, generally between 2 and 4 years.

    A hyper-literal reading of such laws could suggest that for a day or a few hours the adult is outside of those boundaries, but no prosecutor would ever waste the time and money trying to prove that the two people had sex in that narrow time frame, or trying to convince a jury that the law only applied to the couple one day out of the year.

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What Guys Said 4

  • This does not sound right to me. In most of the states in the U. S the age of consent is 16 in the rest of the states it ranges from 17 to 18.

    Some states have Romeo/Juliet laws meaning that if they are less than a certain numbers of years apart in age it is legal for them to have sex, even if one is under the age of consent for that state.

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  • I always thought it was hard and fast around their birthdays. They only strange one is when one is legal and the other is illegal, it is still illegal but the older is entitled to have sex with someone of age.

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  • I'm not sure why it would only work on the birthday and not on the previous or next day. Age of consent laws do have leniency if certain conditions are met but I think one of them is that if the person over the age is still within 2 years of the underage it's fine. So 4 years isn't ok.

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  • how old r bith then?

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