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By Monica SteinerContributing Author. In California, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 18even if the sex is consensual. Those who break the law have committed statutory rape.

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If you are facing criminal charges, call a criminal lawyer with a proven track record.

California statutory rape laws

As a prosecutor, Mr. Rodriguez handled thousands of cases, including Death Penalty trials. Can a year-old date an year-old? Can a year-old date a year-old?

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Is it okay for teens to have sex if both are fully on board and want to willingly engage in the act? These questions — or similar variations — are asked more frequently than you might think.

Can a 21 year old date a 17 year old in california?

And, for good reason. When sex involves anyone under the age of 18, things can get complicated. Consent refers to the legal ability to willingly agree to do something. In California, the age of consent is That means that anyone under the age of 18 cannot legally consent to have sex. Both are seniors in high school.

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Under California state law, Joe has the ability to consent to engage in sexual intercourse. However, Jenn does not. What happens if Joe and Jenn decide to have sex, anyway?

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Joe could potentially face criminal charges for statutory rape under California Penal Code According to Penal Code Some states have laws that carve out an exception when two teenagers who are both minors close in age have sex. California does not have a Romeo and Juliet law. It depends.

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Specifically, it primarily depends on the age difference between the individuals involved. When the age difference between the adult and the minor is less than three years, the crime of unlawful sex with a minor is typically a misdemeanor.

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Penalties can include up to 12 months in a Los Angeles County Jail, fines, and probation. When the age difference exceeds three years, the crime becomes a wobbler.

What is the age of consent in california?

That means it can be a misdemeanor or a felony. It typically depends on the circumstances of the crime and relevant facts. As a misdemeanor, this sex crime carries a maximum of 12 months in a County Jail.

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As a felonya conviction can result in 12 months, two years, or three years in a County Jail. If a year-old has sex with a year-old, the adult in that scenario can face misdemeanor or felony statutory rape charges. Again, the charge will ultimately depend on factors relevant to the parties and their sexual relationship. The felony charge can result in up to four years in a California state prison.

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Penalties for statutory rape can be aggravated if the adult holds a position of power over the minor, if the minor sustains an injury, or if the sex is not consensual. The age of consent in California is Under the law, teenagers do not have the legal capacity to decide to engage in sexual intercourse. Many do, anyway. If someone gets hurt — physically or emotionally — or if concerned parents catch wind of sexually-charged teenage relationships, the consequences can be very serious. Anyone who is facing charges for unlawful sex with a minor should seek the assistance of an experienced Los Angeles criminal defense attorney immediately.

Toll Free Protect your freedom. Los Angeles Criminal Defense Attorney If you are facing criminal charges, call a criminal lawyer with a proven track record. Get a Free Consultation.

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What is the Age of Consent in California? Ambrosio Rodriguez was my sons lawyer and I can honestly say he has been the best within the timespan of my sons case. My family and I found out about an accident my son had and we were terrified about whether his representative would be well experienced or not. We prayed for days and nights and God heard our prayers and responded with Mr. Ambrosio Rodriquez Social Media facebook google linkedin twitter youtube. Search our site.