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Bappelman
Bappelman, Attorney
Category: Legal
Satisfied Customers: 313
Experience:  Licensed Attorney in Illinois and Wisconsin
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My 19-year old son got a 16 year-old girl pregnant. Can he

Resolved Question:

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.
Submitted: 7 years ago.
Category: Legal
Expert:  Bappelman replied 7 years ago.
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 sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, 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 sexual
intercourse 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!
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