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levr, Criminal Law Answer Team
Category: Criminal Law
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Experience:  Criminal Law Expert
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IF AN 18 YEAR OLD HAS SEX WITH A 16 YEAR OLD, IS THE 18 ...

Resolved Question:

IF AN 18 YEAR OLD HAS SEX WITH A 16 YEAR OLD, IS THE 18 YEAR OLD GUILTY OF STATUTORY RAPE? EVEN IF THEY WERE HAVING SEX BEFORE THE 18 YEAR OLD TURNED 18? AND CAN CHARGES CAN BE PRESSED?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  levr replied 9 years ago.

The age of consent in California is 18

California law - § 261. 5(b)-(d) - http://caselaw.lp.findlaw.com/cacodes/pen/261-269.html

Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor

Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 who is more than three years younger than the actor is guilty of either a misdemeanor or a felony

Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony

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