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.Solicitation towards the minor to do such acts is a crime too - a class 4 felony (ie phone calls, emails, instant messages, "love notes", it all counts as solicitation).The time to think about this stuff is BEFORE you start having sex, NOT before you decide to tell her parents.Dating is not illegal but sex likely would be criminal at this point.In addition to the sexual assault of a minor, getting too hot and heavy could lead to charges of lewd and lascivious conduct with a minor.
Each state takes a different approach as the age of consent has ranged from 10 to 18.
Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years.
This means anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct.
Thus, you were having sex when she was 16, which is a crime in Illinois.
Since you are more than 5 years older than her, the criminal charge would be "aggrevated criminal sexual abuse of a minor" see Illinois statutes 720 ILCS 5 sec.12-26 (d) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was at least 5 years older than the victim.
Usually, these kinds of charges are not pursued unless a parent wants them pursued, but still things should stay more clean in the dating way.