2,025. A Minor Participant

Hilchos Issurei Biah 1:13

If an adult male is intimate with any of the prohibited women who is at least three years and one day old, he is liable for execution, excision or lashes and she is not liable unless she is past the age of majority. If she is younger than three years and one day, neither participant is liable because the act is not considered sexual relations. The same is true if an adult woman enters into intimacy with a minor: if he is nine years and one day old, she is liable for execution, excision or lashes and he isn’t liable. If he’s younger than nine years old, neither party is liable.

Hilchos Issurei Biah 1:14

If one man enters into intimacy with another, or if he has another man enter into intimacy with him, they are both liable for stoning once the tip has been inserted, assuming that they’re both adults. Leviticus 18:22 says, “Do not lie with a man” – neither as the active nor the passive participant. If one of the participants is a minor of at least nine years and a day, the man who enters into intimacy or has the minor enter into intimacy should be stoned but the minor is not liable. If the minor was younger than nine, then neither participant is liable, though the court should give the adult stripes for acting rebelliously even though the other participant was younger than nine.