http://www.onlinegamingfun.com/online-gaming-legal-aspects/
Roleplaying an “underage” character involved in sex is legal or illegal?
This is a tricky one. I run an online gaming guild. We allow all sorts of people in, and one day I get this email from a group of people who are called “ERPers” – Erotic Roleplayers. Well, I read over the email and it basically said how they enjoy doing all the normal stuff, but sometimes they go off into the corner and have “roleplaying sex” (cybersex, lets be honest). That doesn’t bug me, live and let live right? Well then I get a message saying “Did you know that one of the characters that they are roleplaying is only 16?”
So my question is: What makes it legal or illegal: the age of the person actually typing, or the age of the person (character) they are pretending to be?
Morals aside (because honestly I don’t care), I want to know the legal aspect of this. If 2 20 year olds are roleplaying as if they are 16 year olds doing whatever to each other, is this legal or illegal? Any documentation would be great too.
Thanks ahead of time. Tricky question!
Chances are you aren’t going to find any case law on this as, well, it’s not illegal under the statutes. The aged based statutory rape statutes make it illegal to engage in sex acts with someone who is ACTUALLY under the age of consent. In other words, it is the age they actually are, not the age of the character they are playing. As such, two consenting adults can pretend to be under age all they’d like. I suppose other statutes, like “attempt” or “solicitation” can come into effect if the adult actually believes the person is underage, but that is unlikely in the situation you are describing.
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