Legal Question in Administrative Law in California

Is it legal for a 16 year old girl to have sex with an 18 year old guy?


Asked on 5/02/11, 7:19 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

He is guilty of statutory rape.

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Answered on 5/02/11, 7:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The previous answer is either right or wrong, depending upon how you choose to define "statutory rape," a phrase I don't find in California's statutes. Instead, I note that Penal Code section 261.5(b) says "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." So, it's illegal, and both the girl and the boy are lawbreakers -- unless, of course, they are married to each other.

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Answered on 5/02/11, 9:25 pm
Terry A. Nelson Nelson & Lawless

Apart from the question or morality, it is called 'statutory rape' colloquially, a crime for the older party.

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Answered on 5/03/11, 11:00 am


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