My 19-year old son got a 16 year-old girl pregnant. Can he be charged with a crime? It was "consensual," although I understand that a 16-year-old may not be legally qualified to give consent.
State/Country relating to Question: California
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Hello,Unfortunately your son committed a crime when he had sex with the 16 year old girl.In California it is illegal to have sex with a Minor (Under 18) if the perpetrator is over 18.California Penal Code, Section 261.5. (a) Unlawful sexual intercourse is an act of sexualintercourse accomplished with a person who is not the spouse of theperpetrator, if the person is a minor. Because your son is only 3 years older than the girl it is a Misdemeanor not a felony.(b) Any person who engages in an act of unlawful sexualintercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.Your son can be charged with a crime, and this is a sexual offense. If convicted he would have to register as a Sex Offender.I recommend that you immediately hire a criminal defense to help your son.Good Luck!
Licensed Attorney in Illinois and Wisconsin
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