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[onenote]

369. And if the boobies on display were those of a 16 year old girl

would that display endanger the girl? Would it endanger the boy?

This may help folks understand why the events at issue were deemed to warrant an arrest. The age of consent in New York is 17. The boys at this party were under that age. In New York, "sexual contact"is defined as "any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. Moreover, it includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing." Sexual contact, as thus defined, is considered to be sexual abuse in the third degree when a person subjects another person to sexual contact without the latter`s consent. There is an exception where the person on the receiving end of the contact is under the age of consent so long as the other person involved was more than fourteen AND the defendant was less than five years older than the minor. So, unless it can be proven that the female in the picture was under 21 years old, what she was doing could be considered a crime in New York.