Legal Question in Criminal Law in California

I thought she was in her twenties, but the girl I'm now dating lied to me because she liked me and happens to be 14. I'm 26. I know the age range of 12 years is vast, but we love each other, so we're continuing to date. As far as I know, dating a minor is not illegal, right?

All we've done so far romantically is kiss. She has asked me to be with her for a few days while her parents are gone. So I want to know exactly what I can and can't do with her before I go so I don't get into serious legal trouble.

WARNING: I'm going to be explicit here because it's the only way I can know for sure what is legal and is not sexually with a minor.

From reading I've done, here's what I THINK understand about California law, please correct me if I'm wrong:

What an adult CAN'T do with a minor:

Intercourse, specifically:

- Have vaginal intercourse

- Have anal intercourse

Oral sex, specifically:

- Get a blowjob

- Lick her clit

- Lick her pussy

Alcohol, specifically:

- Can't provide alcohol to her

What an adult CAN do with a minor:

- Kiss her

- Get a handjob

- Finger her

- Lick her nipples

- Shower with her

- If alcohol is available in the house and she wants to drink, I can drink with her

Can someone with a lot of knowledge and EXPERIENCE with these cases please confirm or deny the above assumptions and add anything else specific that I can or can't do with a minor?

Thanks so much for your help!


Asked on 8/08/09, 7:43 pm

3 Answers from Attorneys
Jay Leiderman Leiderman Devine LLP

Are you kidding? Start with penal code section 288. If you even touch her Anywhre with a sexual intent, make sure it's good, because it will be all you have to think about for those long years in prison. Walk away from this one and grow up, or move to a foreign country. Wow. I'm glad you posted this question because your understanding of the law is beyond deficient and will get you sent to prison. Consult with a knowledgeable attorney before you entertain any risky behavior, and end this relationship before you go to prison.

Read more
Answered on 8/08/09, 8:08 pm
Joe Dane Law Office of Joe Dane

Your information is dead wrong. To start, see Penal Code section 288(c). It's lewd conduct with a 14 or 15 year old by a person who is over 10 years older than the victim.

In addition, there are various subsections of 289 that cover your "finger her" scenario and make it illegal.

There's Penal Code 647.6 - annoying or molesting a child under 18;

There's Penal Code section 272 - contributing to the delinquency of a minor

Take it from a former prosecutor who spent 6 years handling nothing but sexual assault crimes - your conduct is criminal.

Will I give you advice on what you can and can't do? Absolutely not. Here's what you can do: Leave her alone. Any sexual activity, even kissing, can lead to criminal charges that can land you in state prison and registering for life as a sex offender.

Read more
Answered on 8/09/09, 2:13 am
Brian Dinday Law Offices of Brian R. Dinday

Mr. Dane beat me to it. He is 100% correct. You are a fool if you spend time alone with her. Even if you did NOTHING, you leave yourself open to any accusation she chooses to make if your romance turns sour, or if he parents find out and she feels pressured to exculpate herself. You are about to embark on the stupidest move of your life. Reconsider.

Read more
Answered on 8/09/09, 3:29 pm


Related Questions & Answers

More Criminal Law questions and answers in California