17 year old dating 23 year old california

Can a 21 year old date a 17 year old in California? Yes, so long as the relationship is not sexual. If they have sexual intercourse, the 21-year-old can face criminal charges for statutory rape if they are not married. The penalties for statutory rape carry up to 3 years in jail. They can also land in deeper legal trouble if they drink or do drugs together. The prohibition on sexual activity makes California different from many other states. California does not have a “Romeo and Juliet” law. This law allows minors of similar ages to engage in consensual sexual activity. What is the age of consent in California?

Anyone under the age of 18 cannot legally consent to sexual intercourse. This applies to both men and women. The law does not recognize a minor’s intent as legal consent, even if it is genuine. In the eyes of the law, anyone under the age of consent is too young for their consent to count. Example : Paul and Mary have dated throughout high school. Paul is 18 and Mary is 17 when she offers to have sex with him. Because she is still underage, this is not consent. Is it illegal to have sex with someone who is under the age of consent?

Yes. Having sex with someone who is under the age of consent is a crime. In California, it is statutory rape. It is considered rape because it cannot be consensual. The young age of one of the people involved prevents them from consenting. In California, statutory rape involving actors 4 years apart is a “wobbler.” It can be charged as either a felony or as a misdemeanor. The prosecutor decides what charge to file. Their decision is based on the facts of the case. Only the older sexual partner will be charged. The younger partner is seen as the “victim.” What are the penalties for statutory rape?

The penalties of a conviction for statutory rape depend on whether it is being charged as a felony or a misdemeanor. The penalties also depend on the ages of the defendant and the alleged victim. In addition to fines and jail time, a civil penalty can also be issued. The amount of this penalty depends on the ages of the parties involved. When they are 21 and 17, the civil penalty is $10,000. 3 The penalty will also only be assessed against the 21-year-old. What is the legal definition of sexual intercourse?

In California, sexual intercourse means any act of penetration of the vagina or genitalia by the penis. Ejaculation is not required. 5. Example: Wearing nothing but underwear, Mary sits on Paul’s lap. Even though Paul cannot penetrate her, fully, it is still sexual intercourse. Can there be other repercussions? teachers can be suspended or fired for dating a student, registered sex offenders can break the terms of their supervision for being near someone underage, and probationers can violate the terms of their supervision by dating a minor. Would being married change anything?

Yes. Sexual intercourse between spouses is not statutory rape. If the partners are lawfully married, the 21-year-old would not face statutory rape charges. Legal References: About the Author. Neil Shouse. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. New California bill would lower penalties for adults who have sexual relations with a minor. LOS ANGELES - A new bill headed to Governor Gavin Newsom's desk would lower penalties for adults who have consensual sex with a minor if the offender is within 10 years of age with the victim. "If signed into law, a 24-year-old could have sexual relations with a 15-year-old child without being required to register as a sex offender," State Senator Shannon Grove wrote in a tweet. Under current law, while it is illegal for an adult to have consensual sex with a teenager between 14 and 17 years old, who cannot legally give consent, vaginal intercourse between the two does not require the offender to be listed on the state’s sex offender registry, as long as the offender is within 10 years of age of the minor. Instead, the judge has the discretion to decide, based on the facts of the case, whether the sex offender registration is warranted. State Senator Scott Wiener, who presented the bill, said the existing law “disproportionately targets LGBT young people for mandatory sex offender registration since LGBT people usually cannot engage in vaginal intercourse." “California’s sex offender registry continues to draw that distinction — an antiquated, outdated, leftover distinction — that somehow oral sex is worse than vaginal sex,” Wiener said. The bill was sponsored by the Los Angeles County District Attorney’s Office. During an August press conference, Deputy District Attorney Bradley McCartt recounted a case in which a mother was upset that her 17-year-old daughter was in a relationship with a high school basketball teammate and pressed charges against her daughter's 18-year-old girlfriend, the San Francisco Chronicle reported. McCartt was able to prevent the prosecution. However, he said that if others were more willing to prosecute the case, the girlfriend would have been placed on the sex offender registry for life if convicted. According to the bill's language, the goal of SB 145 is to “exempt from mandatory registration under the act a person convicted of certain offenses involving minors if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register.” Critics of the bill argue that rather than amending existing law to include vaginal intercourse with a minor as an act that requires mandatory sex offender registration, the bill aims to make all criminal sex acts with a minor over 14 equal by providing offenders with an opportunity to evade mandatory registration. "Any sex is sex," argued Assemblywoman Lorena Gonzalez. "I don't care who it is between or what sex act it is. That being said, I cannot in my mind as a mother understand how sex between a 24-year-old and a 14-year-old could ever be consensual." According to Wiener, the bill would not change the potential sentence for having sex with an underage minor. Instead, the bill would give judges the ability to evaluate whether the accused be required to register as a sex offender. What is the Age of Consent in California? The term “age of consent” refers to the age in which a person is considered legally old enough to give their permission for sexual activity. Age of consent laws are in place to protect minors who are generally not mature enough to make informed and intelligent decisions regarding sexual activity. What is California’s age of consent?

The age of consent in California is 18 years of age. This means it is illegal for anyone to engage in sexual activity with someone under the age of 18 unless they are that person’s spouse. Penal Code 261.5. If a person has sexual intercourse with a minor (anyone under 18), they can be charged with a crime. The crime for this is generally statutory rape, as defined under Penal Code 261.5. Statutory rape is a crime regardless of whether the sexual activity was consensual or initiated by the minor. What are the penalties for this crime? Statutory rape is considered a “wobbler” offense in California. This means that it can be charged as either a misdemeanor or a felony depending on the overall facts of the case. The difference in age between the defendant and the victim is a major determining factor in the punishment. A person convicted of this crime can face up to four years in state prison. What about lewd acts with a minor child?

California Penal Code 288 is the state statute that makes it illegal for someone to engage in other types of sexual activity with a minor. The law defines a lewd act as either: This charge applies when the victim is under the age of 16, though most prosecutions of this law involve children under the age of 14. Penalties for being convicted of a lewd act with a minor depend on the age of the child, whether the act was accomplished by force or threats, whether there was a pattern of these acts, and whether the child accused was the age of the defendant. This crime can result in imprisonment for a year in county jail or up to life in state prison. Does California have “Romeo and Juliet” laws?

California does not have a Romeo and Juliet law on the books. These laws are commonly referred to as “close in age exemptions.” This means that prosecutors would not be able to pursue charges against people who engage in sexual activity when: Because California does not have a Romeo and Juliet law, it is possible for two 17-year-old minors who engage in sexual activity to both face statutory rape charges. An 18-year-old could also face these charges for having sex with a 17-year-old. Do these charges require a person to register as a sex offender?

In California, a statutory rape charge does not require the defendant to register as a sex offender. However, a conviction of rape under Penal Code 261 as well as a conviction of a lewd act with a minor do require a person to register as a sex offender in California. Do I need an Attorney? You might want to consider contacting an attorney due to the possible penalties for violating the age of consent. Depending on the details of each case, you could face time in jail and you need someone by your side that can protect your rights and make sure you are being treated fairly under the law. Expert Law. Thread Tools. Display. 17 Year Old Dating a 23 Year Old. i am 17 years old(18 in a couple months). i was seeing someone who was 23. we never did anything sexual and didnt even kiss. my father told us we could never speak again until i am 18, cuz he said its illegal to date someone older, however i think he is wrong. legally are we allowed to continue to date if we dont do anything sexually. (we both want to wait till marriage). is it illegal to date someone of that age or is it just illegal if we become sexually involved or how does that all work. Re: 17 Year Old Dating a 23 Year Old. However, if your father says no, then it is no until you are 18, regardless of whether it is illegal or not. Your father cannot make the illegal, legal but he can make the legal, illegal (for you). Re: 17 Year Old Dating a 23 Year Old. i am 17 years old(18 in a couple months). i was seeing someone who was 23. we never did anything sexual and didnt even kiss. my father told us we could never speak again until i am 18, cuz he said its illegal to date someone older, however i think he is wrong. legally are we allowed to continue to date if we dont do anything sexually. (we both want to wait till marriage). is it illegal to date someone of that age or is it just illegal if we become sexually involved or how does that all work. Dittoing cbg, dating is not illegal. Any form of sexual contact (groping, fondling, petting, intercourse, oral sex, etc.) is illegal and your older friend could be committing a felony to do those things. As said, until you are 18 mom and dad have complete say over who yu can see and what you can do. When you are 18 you can do as you please, but understand that there can be consequences even then. Even if 18 if you do not follow the rules at home, you might find yourself without support or a roof over your head, so be careful how far you want to push this even at 18. If your older companions is respectful enough, maybe they can make a positive impression on your parents when you are 18 and they will not be opposed to you dating.


17 year old dating 23 year old california

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