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.
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.
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.
Answered on 5/03/11, 11:00 am
Related Questions & Answers
-
Does a principal/agency relationship require a written agreement? Asked 4/28/11, 10:56 am in United States California Administrative Law
-
I am retired and take substantially equal periodic withdrawals from my... Asked 3/10/11, 1:28 pm in United States California Administrative Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
