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Thank you for your time, 17 and living in California and…

Customer Question
Hi thank you for...

Hi thank you for your time, I am Currently 17 and living in California and recently i met this girl she is currently 15 and 4 days after i turn 18 she will be 16 is it illegal and a bad idea for me to date this girl and possibly eventually progress into a sexual relationship. I heard lots of contradicting ideas on it most said to stay away from the situation but theres something about this girl i cant just stay away and i really do not want to be a registered sex offender

Lawyer's Assistant: Have sex offense charges been filed? If so, when is the next court date?

They have not as of now we are only friends

Lawyer's Assistant: Have you talked to a CA lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thats all

Submitted: 2 months ago.Category: Criminal Law
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Answered in 30 minutes by:
3/27/2018
Criminal Lawyer: Bruce Schreiber, Lawyer replied 2 months ago
Bruce Schreiber
Category: Criminal Law
Satisfied Customers: 506
Experience: Attorney At Law at SELF
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Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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Criminal Lawyer: Bruce Schreiber, Lawyer replied 2 months ago

Bad idea. You could wind up in jail and registered. Under the law she cannot give consent.

Here is the law. It's pretty straightforward.

PENAL CODE - PEN

PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]

( Part 1 enacted 1872. )

TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.5]

( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. )

CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269]

( Chapter 1 enacted 1872. )

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. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age.

(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.

(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

Here is a link to more regarding civil penalties.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=261.5.

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Criminal Lawyer: Bruce Schreiber, Lawyer replied 2 months ago

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please feel free to ask more questions and I will be happy to continue to assist you.

Thank you for using JA! We appreciate your business.

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Criminal Lawyer: Bruce Schreiber, Lawyer replied 2 months ago

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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