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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36205
Experience:  16 years practicing criminal defense.
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What is the statute of limitations for with a underage

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What is the statute of limitations for sex with a underage person? He was 15 and a half then (but lied about his age), and I was 17
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I need to ask a few questions before I can comment...
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Was this a consensual act between the two of you?
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Was it actual sexual intercourse?
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Are you a female or male?
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How long ago did this occur?
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Thanks
Barrister
Customer: replied 3 years ago.

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I need to ask a few questions before I can comment...
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Was this a consensual act between the two of you? Yes
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Was it actual sexual intercourse? Yes - we have a 14 year old child together
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Are you a female or male? Female
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How long ago did this occur? In 1996

Ok, although technically the statutory age of consent in CA is 18, there is a "close in age" clause that states if the minor is 3 or fewer years younger than the older person, then this can result in a misdemeanor being filed.
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So in this case, since you were both consenting minors, you could both potentially be charged with a misdemeanor if the SOL hasn't run.
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However, the statute of limitations in CA for any type of prosecution is only one year under CA Penal Code 799 and only 3 years if the minor was under 14.
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So the time for anyone to take any action on this has long since passed...
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Thanks
Barrister
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