The answer is that so long as the couple do not engage in sexual intercourse or oral copulation then they will likely not be prosecuted. However, if they do have intercourse then the 18 year old can be prosecuted for a violation of Penal Code Section If the two have oral copulation then there can be a prosecution for oral copulation with a minor. Most of the prosecutions in these type of cases occur when the parents of the 16 year old discover the sexual relationship and they complain to the local police department. When the police are notified they must conduct an investigation and turn the matter over the the District Attorneys office. These are serious sex offenses that can lead to serious punishment and a criminal record.
Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor.
However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors.
All states have special provisions if any physical force was used or serious physical injury resulted. Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male. Today, most laws are gender neutral, and a number of women in authority positions such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart have been prosecuted for engaging in sexual relationships with younger males.
Does the Punishment Fit the Crime? While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth. One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl.
Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released.
Can an 18 year old date a 16 year old in California without facing criminal charges? (PC 261.5)
Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision.
The laws are designed to protect young people who have less information and power than their and-over counterparts. For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant.
Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child. And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. But not all parties agree on how strict the laws should be.
So if anyone finds out and reports it to the police, you will be caught. Especially since you came here and told us of your plan. It's illegal regardless of whether or not someone knows about it.
So when you want to become a cop and you face that question about underage sex on the polygraph, you will be screwed. It concerns me that you think committing a crime is okay so long as no one reports it.
You will make a lousy cop. And neither of you are ready for the possible pregnancy. And what bout birth control, STDS, and the emotional impact. It bothers me that your chief concern is the legality rather than rather it's right for the girl.
16 year old dating 18 year old california
You don't seem to care about her at all. By they way, if you are having sexual conversations with her by email, chat, text, FB, etc.
That's the real response. If , for any reason , this becomes an issue to law enforcement, he could be kicked out of the military. That is a fact. If one is under age then it could become an issue if your parents want to press charges. As you said , atm , which I take to mean: Your parents may not approve.
Yes it is illegal! When I was 16 I had a boyfriend who turned 18 and a situation happened where police became involved not because of us having sex but they asked many questions if we were having sex because they were trying to get him for statutory rape since I was a minor. If you say no what more can they do?
Its not like they can prove your having sex or kissing. Just keep it cool and if you do have sex while she is a minor use condoms! If you find yourself accused of a sex offense contact Wallin and Klarich at Paul Wallin is one of the most highly respected attorneys in Southern California.
His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr.BOY ADVICE!!! Can a 14 year old date a 18 year old?
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