Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. What states are involved? What state is he in, and what state is she in?
Did you see my follow up question to your issue?
Should I continue to await your response, or may I assist the other customers that are waiting?
My apologies, but I must assist the other customers that are waiting. Once you respond to my follow up question, I will respond as soon as I can. Please note that I may be assisting other customers or otherwise out of the office (depending when you respond). Thank you.
She is in Texas and he is in California. Sorry it took so long I was with customer service
Thank you. The age of consent for sexual relations in Texas is 17 (Tex. Penal Code Ann. § 22.011), whereas the age of consent in California is 18 (Cal. Penal Code § 261.5). Note that this is for sexual relations. Anything short of sexual relations is (believe it or not) legal.
An individual could have a non-physical, romantic relationship with someone under the age of majority or consent and still be legal.
Now that being said, there's often a presumption of sexual intercourse or sexual contact, and in such a situation, that could lead to a conviction.
Further, if the individual is traveling to have sex or other sexual contact (even, forgive my phrasing, fondling or "petting"), that could be actionable if he knows that she is legally a minor.
Now the state that he is in when the actions occur would be the state with jurisdiction. So if she traveled to Texas, that would be Texas, or if he traveled to California, that would be California.
Now unless the conversations, emails, texts, etc... clearly indicate propositioning her for sex (which if they do, contact the police), it would not be actionable yet. Again, trying to form a romantic relationship, even though creepy, weird, etc... is not illegal. Rather, the actions or attempts to have sexual relations with a minor IS what is illegal, and if you have evidence of the attempt or action, that's when you can get the police involved.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!