Legal Question in Criminal Law in California

In the state of california can a guy be arrested if he is 18 turning 19 in a month and he gets his girl friend pregnant who is 17 and will turn 18 in 2 months she is only a month pregnant but if her parents want to press charges can he be arrested? They are only 13 months age difference.

Asked on 12/01/11, 11:14 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

If your girlfriend was 1 day short of 18 and you were 1 day over 18, and you had sex with her, you could be charged with 261.5 (Statutory Rape). Call me tomorrow and I'll give you some advise. I'll be back from court after 10 am. My number is 661-267-1313. ...........David Wallin

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Answered on 12/01/11, 11:24 pm

Anthony Roach Law Office of Anthony A. Roach

Yes. Statutory rape is based on the age of the parties at the time they had sex, not the due date of any child conceived.

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Answered on 12/02/11, 9:44 am

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