Legal Question in Criminal Law in California

What is the statute of limitations?

I am 24 this month. When I was 19 years old (just about 5 years ago) I was married and I kissed 14 year old (our age difference was 5 years). There was no sex but we touched each other with hands. The mother knew and said she would never sue me so that I'm not worried about. I just want to find out when the statute of limitations is for what I did.


Asked on 9/09/12, 10:09 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Depending on exactly what happened, the statute of limitations could be almost limitless.

See Penal Code � 801.

Generally, sexual offenses against minors can be filed any time before the victim's 28th birthday.

If the incident involved "substantial sexual conduct," charges can be filed within one year of the time it is first reported to law enforcement; however, if the victim is over 21, there has to be "clear and convincing" evidence, independent of the victim's statement.

Penal Code � 803(f)(1).

Your statements -- perhaps even posts on the Internet, like this one, it could traced back to you -- might be that corroborating evidence. Even if her mother didn't report it, the victim might decide that your actions caused her lasting problems in life, and that reporting it would help her healing process. (That sometimes happens when a person gets into psychotherapy.)

Bottom line: don't ever mention this event again to anyone, except your attorney.

BEWARE THE PRETEXT PHONE CALL! Police will often set up a recorded phone call to gather evidence. If the victim or her mother calls you, wanting to talk about this incident, you should assume a cop is sitting next to them, guiding the conversation to get you to admit something. Just say, "I have no idea what you're talking about" and hang up.

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Answered on 9/09/12, 11:09 am
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

Had the same thought, don't post about it on the internet with admissions. Maybe talk to some local criminal defense attorneys with details, in private, especially if you hear from a detective or the person/mother, as mentioned above. Good luck!

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Answered on 9/09/12, 1:08 pm


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