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Posted by / 06-Sep-2019 14:08

For more information on this crime, see Child Enticement Laws in Idaho. A mistake as to the child’s age is not a defense to a charge of statutory rape. 2d 220 (Idaho 1990).) For example, even if a defendant believed that a girl was 18 years old, and the child looked 18 years old and told the defendant that she was 18 years old, that is not a defense to rape if the child is, in fact, under the age of 18. Under Idaho’s laws, a man cannot be convicted of statutory rape against his underage spouse. For more information on the marital rape exemption, see Idaho Marital Rape Laws. § § 18-6104, 18-6109.) Under Idaho’s sex offender registration law, people convicted of statutory rape (except an 18-year-old defendant convicted of raping a child under the age of 16) are required to register as sex offenders. § § 18-8304, 18-8310.) Statutory rape in Idaho carries potentially severe penalties.

Statutory rape is punishable by one year to life imprisonment. If you are charged with statutory rape, you should contact a local criminal defense attorney as soon as possible to discuss your options.

I also found a code section which makes the act of fornication, or consensual sexual intercourse between two unmarried adults, a crime. Precedent would help tell you how these things are litigated and adjudicated.

I was able to determine that the fornication law was enforced as recently as the 1990's in one county where it was applied in cases of unwed teen mothers. I'd guess that in most parts of the state if a case came before the Court involving underage kids dating (and doing whatever else) it would probably be tossed out, barring any unusual circumstances.

In Idaho, only men can be convicted of statutory rape, but they can be convicted of statutory rape against girls and boys.

A man in Idaho commits the crime of rape by penetrating a child’s body with his penis when: (Idaho Code. § § 18-6101, 18-6108.) For example, it is rape for a 19-year-old to have sex with a 15-year-old and it is also rape for a 23-year-old man to allow a 17-year-old to perform fellatio on him.

I think boisefan88 points you in the right direction by suggesting that you look into how things have actually been prosecuted in the state in recent years.

For statutory rape, whether the child consents in irrelevant.

However, engaging in sexual activity with another person of any age by force or when the other person is unable to consent or is prevented from resisting can lead to charges for forcible sex crimes or even assault.

For more information on these crimes in Idaho, see Idaho Sexual Battery Laws, Idaho Assault and Battery Laws, and Idaho Aggravated Assault and Battery Laws.

Talking to a child (or a person posing as a child) online about sexual activity or luring a child away from the child’s parents can result in child enticement charges, even if no sexual activity ever occurs. § 18-6107.) This defense is part of Idaho’s marital rape exemption.

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Some forums can only be seen by registered members. I am fully aware of all the other ramifications and concerns inherent in such a situation, but am only seeking information on the legal aspects of any contact described in the above referenced code section. : think: I don't know about Idaho, but in some states there are laws that protect kids that are dating.