Statutory Rape: Which State&#39;s Laws Apply?
<p>A 17 year old male child has sexual intercourse with a significantly (at least two decades) older man. </p>

<p>In New York, where the child's residence is, this is, <a href="https://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-R-0376.htm" rel="nofollow noreferrer">I think</a>, legal. At the time of the incident, however, the child was staying in California, where this is, I think (same source), illegal, for a period of two months. </p>

<p>The state of residence of the adult is unknown. </p>

<p>Which state's laws apply? Can the adult be prosecuted?</p>

<p>When a criminal act takes place, the state in which the act took place has jurisdiction. State of residence of perpetrator or victim is not at all relevant. It also would not matter where the minor was "staying", all that matters is where the act took place. If that was California, California Penal Code <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&amp;sectionNum=261.5" rel="nofollow noreferrer">261.5(c)</a> says</p>

<blockquote>
  <p>Any person who engages in an act of unlawful sexual intercourse with a
  minor who is more than three years younger than the perpetrator is
  guilty of either a misdemeanor or a felony, and shall be punished by
  imprisonment in a county jail not exceeding one year, or by
  imprisonment pursuant to subdivision (h) of Section 1170.</p>
</blockquote>

<p>Additionally, (261.5(e)(1) states</p>

<blockquote>
  <p>Notwithstanding any other provision of this section, an adult who
  engages in an act of sexual intercourse with a minor in violation of
  this section may be liable for civil penalties in the following
  amounts:...</p>
  
  <p>(C) An adult who engages in an act of unlawful sexual intercourse with
  a minor at least three years younger than the adult is liable for a
  civil penalty not to exceed ten thousand dollars ($10,000)</p>
</blockquote>

<p>The laws of the state of California apply so the act is a crime. </p>

<p>The laws of the state of residence may also apply if the laws have extraterritorial applicability.</p>

<p>In addition, there are a number of <a href="https://en.m.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Federal_laws" rel="nofollow noreferrer">Federal</a> crimes involved: if the liaison was arranged by telephone, and if the minor or perpetrator crossed state lines for the purpose. These would all require some measure of pre-planning to be proved.</p>

united-states rape