On the May 4, 2015 episode of "2 Broke Girls," Nash's mother accuses Max of having sex with her "underaged" son, and nearly everyone in the episode, including Max and Caroline, seems to agree that Max has some kind of legal issue. However, there's only one problem with this analysis of the situation. As the mother admits, Nash is "just now 18." Even if Max and Nash began their affair when Nash was seventeen, under New York state law, their affair is perfectly legal. The authorities cannot arrest Max for statutory rape. Here are the relevant parts of the NY statute.
New York Penal Law
§ 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivision one of this section that the defendant
was less than four years older than the victim at the time of the act.
S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without
such person`s consent where such lack of consent is by reason of some
factor other than incapacity to consent.
Rape in the third degree is a class E felony.
Similarly, none of the provisions covering criminal sexual conduct apply either. We have no reason to believe that Nash does not consent to the relationship and he is of age (he was seventeen and is now eighteen). Nor can his mother object to his working as a model. He cannot void his modeling contract, since he seems to have entered into it as an adult (although it's not clear from the episode when he turned eighteen; if it was after he entered in the contract with the agency, he would need to enter into another contract).
Max and Caroline's continuing problem, however, is that they still don't have a talent agent's license; thus, they cannot represent Nash.
New York Penal Law
§ 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivision one of this section that the defendant
was less than four years older than the victim at the time of the act.
S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without
such person`s consent where such lack of consent is by reason of some
factor other than incapacity to consent.
Rape in the third degree is a class E felony.
Similarly, none of the provisions covering criminal sexual conduct apply either. We have no reason to believe that Nash does not consent to the relationship and he is of age (he was seventeen and is now eighteen). Nor can his mother object to his working as a model. He cannot void his modeling contract, since he seems to have entered into it as an adult (although it's not clear from the episode when he turned eighteen; if it was after he entered in the contract with the agency, he would need to enter into another contract).
Max and Caroline's continuing problem, however, is that they still don't have a talent agent's license; thus, they cannot represent Nash.
Posts
No comments:
Post a Comment