Our daughter is 15. Her boyfriend is 19. The age difference is 4 years, 2 months and 5 days. He will be 20 in November; she 16 in January.

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They have entered into a consensual sexual relationship. She is very mature, gets excellent grades and is moving positively forward with her life plans including a wedding to him after her 18th birthday. We wished she had waited to have sex with him, but she didn't. He sleeps over in our home and has asked if he can move in. Can anyone other than us press charges against him? Also, are there any charges that can be pressed against us because we are aware of the sexual relationship and do not press charges?

We have no intentions of pressing charges. He is a wonderful young man that we will be proud to call our son-in-law after they are married.More. Can be dangerous to put such stated facts out of public consumption but I will try to answer you.As long as this relationship is unknown to police, to District Attorney and maybe some others, it is likely nothing will happen.Criminal charges are brought by New York State or the federal government (such as it is).If the female and/or her parents want to get a case going, it would not be difficult.If I was you, I'd seek out a consultation with an experienced lawyer now.Law Office Of Michael MarleyPhone 917 853 4484 More.

The law states that a person under 17 in New York is incapable of consent. So while you may disagree, it is 'legally' not a consensual sexual relationship. The state presses charges not the parents; therefore, yes someone else can notify the police of what is occurring and if they have enough evidence, the State can press charges without your cooperation.

It is my opinion, as a former prosecutor, that should the DA become aware of the situation, you would face charges of Endangering the Welfare of a Child as well as investigation from New York Administration of Child Services.I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. I'm not sure the exception you refer to applies to my answer as my answer speaks only to the age of consent and not to which crimes can be charged.

As for the parents, the questioner admits to more than 'just knowing about it' in that they let this man whom they know is having an inappropriate sexual relationship with their underage daughter sleep over in their home (and contemplating allowing him to move in). While that may not be enough to convict, I have seen people charged with less. I stand by my answer.§ 260.10 Endangering the welfare of a child.A person is guilty of endangering the welfare of a child when:1. He or she knowingly acts in a manner likely to be injurious to thephysical, mental or moral welfare of a child less than seventeen yearsold or directs or authorizes such child to engage in an occupationinvolving a substantial risk of danger to his or her life or health; or2. Being a parent, guardian or other person legally charged with thecare or custody of a child less than eighteen years old, he or she failsor refuses to exercise reasonable diligence in the control of such childto prevent him or her from becoming an 'abused child,' a 'neglectedchild,' a 'juvenile delinquent' or a 'person in need of supervision,' asthose terms are defined in articles ten, three and seven of the familycourt act. Anyone can report a crime to the police. If the police find out that you are allowing your 15 year old daughter to have sex you can expect to be arrested for endandering the welfare of a child and you can expect a visit from ACS and could possible have the child removed from your hom.

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Regardless of how wonderful he is he is breaking the law.I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.

Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.'

Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice. If they have sex it is a crime. The fact that your daughter may be mature does not hold weight in NYS, as the law says she must be 17 to give consent. You are also criminally liable if it happens under your roof, especially with your blessings. The State is the party who presses charges, and if the police, child welfare or anybody else makes the facts known to a prosecutor, charges may be brought.

If they are brought, the State must prove that sex took place which might be difficult, but if they do, the young man will go on the predators list and his life will be ruined. Be very, very, careful.

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