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February 22, 2017

'Robust debate' prompts state police to clarify age of consent laws

A recent arrest of an alleged sex offender sparked an eye-opening conversation on social media leading one law enforcement agency to issue a helpful reminder about the age of consent laws.

New Jersey State Police turned to Facebook on Wednesday to explain the intricacies of the legal age when teenagers can consent to a sexual relationship. The confusion stemmed from a press release announcing the arrest of a high school teacher who allegedly had sex with a 17-year-old student.

On Tuesday, William J. Jacobs, 32, of Folsom, was charged with official misconduct, sexual assault, endangering the welfare of a child, tampering with a witness, and obstruction. Jacobs, a Buena Regional High School teacher, allegedly engaged in sexual relations with a female student numerous times between November 2016 and January.

In the post's comment section, users cited the state's age of consent law, which is 16 years old, to question if the police's claims were actually a crime.

Authorities acknowledged the official age of consent is 16, but were surprised by the "robust debate" so they decided to clear up any confusion and explain some important caveats:

• No one under the age of 13 can give consent to sexual contact. Those over 13 but not yet 16 can consent to sex, but only to partners no more than four years older.

• For individuals older than 16 but not yet 18, they are unable to legally consent to sexual relations with an adult who has supervisory or disciplinary power over the victim by virtue of the adult's legal, professional, or occupational status. This provision would prevent students from giving legal consent to teachers.

"Please note that we are discussing NJ sexual assault laws in brief and as it pertains to the recent arrest of a teacher," the department wrote. "Now, there are a slew of moral and ethical issues related to this topic that are not for us to debate."

There are similar laws on the books in Pennsylvania where the official age of consent is also 16 years old. However, the state could charge adults with the corruption of a minor or unlawful contact with a minor for sexual contact with individuals between 16 and 18 years old.

"This law is in place to protect our children," NJSP said. "We entrust our educators with not only teaching children, but instilling morals, values, and the importance of service. Teachers are held to a higher standard just like police officers--as we should be."

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