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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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I'm an 18 year old girl, who is dating a 17 teen year old

Customer Question

I'm an 18 year old girl, who is dating a 17 teen year old girl. She is from Colorado which held her back a year in high school, which now makes her a Senior (Year 12). At first, her family approved our relationship. Ever since they have had trouble, and I guess were lied to, they said they want to take legal action against me. What would they be able to charge me with? My girlfriend and I got together when I was still 17. Her parents believe I've been up to "illegal activity" but all I've been doing is school and working. Would cops show up at my doorstep and arrest me? What are the possibilities? Thanks
Submitted: 6 months ago.
Category: Criminal Law
Customer: replied 6 months ago.
She moved to California a couple years ago, just to clarify.
Expert:  Legal-Kal replied 6 months ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

Because both individuals live in CA, it is CA law that applies and not CO. However, this is the easy part. The hard part is as follows:

Now, you mention in your question "what would they be able to charge" you with. This depends heavily on what, if any, actions occurred between you and this other person. For instance, was there any type of physical sexual conduct? Any sending sexual explicit messages or photographs? etc.

Customer: replied 6 months ago.
There were never any revealing photos, but yes, some explicit messages. But wouldn't that mean that her parents invaded her privacy by reading messages through some sort of website? They didn't read it personally off of her own physical phone?
Customer: replied 6 months ago.
The photo's were just bikini pictures, some that always covered her body parts. Also, I never asked for them so what if she sent it willingly? And that the physical conduct was both of us when we were both under 18? We never had full on sex, but there were make-out sessions that made her mother catch her with hickies.
Expert:  Legal-Kal replied 6 months ago.

Believe it or not, there is no law that would prosecute parents for looking into their minor child's property (or messages), etc.

Also, because the photographs did not depict any full nudity, any offense that would be charged would be "Harmful Matter Sent with the Intent to Seduce a Minor." This law is found at Cal. Penal Code §§ 288.2, 313, 1170. However, because it seems as the other person sent these materials and you did not send any similar materials, you cannot be charged for the offense (since you did not commit any crime) mainly because you did not ask for the pictures, as you have mentioned.

Also, CA law regarding sex offenses have to do with sexual intercourse, sodomy or oral copulation. "Kissing" is actually not a sexual offense under CA law. What that means if you were to be charged with anything, it would most likely not be any type of rape offense because no intercourse (or similar action) occurred. A link to the actual rape law is here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=261-269

What that means essentially, and which answers your question of what charge, if any, would occur if you were to be charged, is that the only apt charge for "kissing" would be battery. Battery is the unlawful touching of another. Battery is a misdemeanor offense punishable by jail time of up to 6 months and a fine of up to $2,000. HOWEVER, if a person "consents" to the action giving rise to the battery (i.e., consents to being kissed), then the charge would not be successful.

So really, it seems like there aren't any serious charges that would follow. And if any charge (hypothetically) follows, it would be Battery but the charge would not succeed because this person consented to the action (the kissing).

Any questions based on this? If so, please ask and I would be happy to clarify anything I've provided.

If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information until the individual clicks ACCEPT and rates the assistance provided. Your cooperation would be appreciated regarding this! Thanks!

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist regarding your specific facts***

Customer: replied 6 months ago.
One last question, would the parents be able to request a restraining order against me? It's as if they did an 180 turn and decided that they don't like me, even though their daughter and I have done nothing wrong.
Expert:  Legal-Kal replied 6 months ago.

No problem. Allow me a few minutes to type out a thorough response regarding that issue. Thanks!

Expert:  Legal-Kal replied 6 months ago.

Because this other person is a minor, the parents are technically allowed to ask for a restraining order on their child's behalf. However, in order to obtain a restraining order, there must be evidence that you are harassing, stalking, have harmed or threatened harm to the other person. This is an absolute requirement. A person cannot get a restraining order unless one of those has occurred.

So, unless you have been stalking, harrassing or threatened the other person (or her parents) they will not be successful in getting the restraining order. Also, because this other person is very close to being 18, the Court will ask her to testify (usually a minor will not have to testify unless they are really close to being an adult). I am assuming that if this other person testifies, they will either say: 1) they do not want the restraining order but is being forced to go through with it because of the parents or 2) that you never threatened, stalked, harmed or harassed this other person.

In either way, the Court will most likely determine that a restraining order, under the law, cannot be issued.

Customer: replied 6 months ago.
Thank you so much. Truly truly a big help!

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