9. Under former 0 70; in general The theory of the law is that a girl under eighteen years of age is incapable of consenting to the act. Boyles v Blankenhorn (1915) 168 App Div 388, 153 NYS 466, affd (1917) 220 NY 624, 115 NE 441 10. --Nature and elements of offense To constitute a violation under subd.