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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My 19 yr old son has been having sex with a 17 yr old woman.They

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My 19 yr old son has been having sex with a 17 yr old woman.They have been seeing each other on and off for around 3 yrs.The parents of the woman know that their daughter is sexually active with my son.L ast night in the early morning hours she keyed his car and wrote f**k you on the hood with her initials under it and keyed the rest of the car.It now needs a new paint job! My son doesn`t want to press charges or have her parents pay for the damage because he is afraid that the father might press charges against him since she is under the age of 18.Can you please give me some advice!Thanks, XXXXX XXXXX the 19 yr old
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
Under CA law, Penal Code 261-269, "Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison." The law also defines an adult as someone who is 21 or older. Thus, while the age of consent in CA is 18, your son is within the 3 years older part of the statute for no charges to be brought.

Thus, it is still up to him, as he is over 18, regarding pressing charges or seeking restitution for the damages, but he can do so without fearing violating the CA law regarding sex with someone under 18.


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