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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27053
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son went to visit his on line girlfriend in Chicago on his

Customer Question

My son went to visit his on line girlfriend in Chicago on his 19 th birthday. He lives in ca. The girlfriend is almost 17 and has had numerous boyfriends before. They had sex and took photos. They also did coke. The mother reached out to me to say she may prosecute because they both promised they would not have sex or do any drugs. What can happen? They both consented and it is clearly visible on the video.
I also learned that she is bipolar and has been taking medication for quite some time.
Neither of them did the right thing, but I don't want to see my son go to jail. He obviously needs help but I don't think jail is the answer. What should I do?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
I am very sorry to hear about this, as you probably know your son may be in serious trouble here. The age of sexual consent in California is 18. That means his 16 year old girlfriend is under the age of consent. The fact that he did not force her to have sex is important, but the fact that she consented isn't helpful. California won't recognize her right to consent for 2 more years.
So the charges here, if the girl's parents wish to prosecute, would be statutory rape (pc. 261.5), possession of/making of child pornography (pc 311.11) to say nothing of furnishing illicit drugs to a minor (HS 11360).
The two sex charges and the drug charge are wobblers. That is, depending upon the facts and circumstances of the case and the discretion of the prosecutor, the state can go forward with each count as a misdemeanor or a felony. As a felony, he risks years of prison and lifelong registration as a sex offender. What you should do is to start looking for a very good lawyer, who can get these charges reduced and do maximum damage control.