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Some states, such as California and New York, set an age at which all sexual intercourse is considered statutory rape.

Someone who has reached the age of consent can have sex with whoever they want (as long as the other person has also reached the age of consent).

Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list.

Such sexual activity is a crime for which both could be prosecuted, if there was mutual sexual conduct because the “age of consent” has not been reached.

In Illinois, this is a class 2 felony - meaning that you potentially face prison time and lifetime sex offender registration.

Her age now, and her ability to give consent once she hit 17 does not negate the fact that the crime took place when she was 16.

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