Legal Question in Criminal Law in California

The short answer is " YES ". Anyone over 18, who has sexual relations with anyone under 18, is comitting a FELONY. And people on Parole should be extremely careful because the system loves to violate people on Parole. ............. David Wallin

Your boyfriend has a few problems. First, he is already on parole and therefore under the terms and conditions of his parole he can not violate any laws. Next, depending on his parole there may be specific rules he is violating by being with someone under 18 years of age. Individual restrictions may vary with regards to parole.

Furthermore, California Penal Code 265.1 provides that when someone 18 years of age engages in sexual intercourse with someone under 18 it is unlawful sexual intercourse. The law is simple and very black and white in regards to what is commonly called or also known as statutory rape. There is absolutely no gray area when it comes to the age question. 17 years and 364 days is still under 18 as far as the law goes in California. It only takes three things to prove the case: (1) A male and female engaged in sexual intercourse and any amount of penetration will suffice, (2) the people involved were not married to each other, and (3) the victim was under 18 at the time of the offense.

In your situation your boyfriend could face two possible enhancements. The first for being more than three years older than you and the second for being over the age of 21.

265.1 is a "wobbler" and can be charged as a misdemeanor or a felony. However, with you being four years younger and with him being over 21 years of age, a lot of counties will charge it as a felony. Even when it is charged as a misdemeanor, if convicted the person must register as a sex offender for life.

Next problem your boyfriend has is his violation of the terms and conditions of parole. That alone, could send him back to prison. These charges are not something to take lightly. They are serious.

There will be three questions: (1) Did you and your boyfriend have sexual intercourse? (2) Are you legally married to each other?, (3) how old were you at the time you had sexual intercourse? If the answers indicate you two engaged in sexual intercourse and at the time you were not married to each other and that he was over 18 and you were under 18 he is in violation of California Penal Code 265.1. He will also, as a result be found to have violated the terms and conditions of his parole.

Your boyfriend may want to hire an attorney and get proactive since his parole officer has already indicated he is violating the penal code. He can reach our offices through our web site at www.brianmcginitylaw.com .

Good luck