Legal Question in Criminal Law in California

The parents, or other individuals, cannot "press charges." Only the District Attorney can file criminal charges.

This case most likely came to the attention of law enforcement through a medical provider. Doctors, nurses and most other medical providers are "mandatory reporters," which means they must inform the police if sexual crimes come to their attention. They can get in serious trouble if they do not.

The most likely charge is a violation of Penal Code �261.5, unlawful sexual intercourse with a minor. Because they were more than three years apart in age, this is a "wobbler" that can be charged as a misdemeanor, with a maximum penalty of a year in jail, or a felony that has potential for a prison sentence of three years. She is lucky that he was not under 14 because the charges would be far more serious.

Whether her baby is taken, and whether she serves time in jail or prison, depends on the facts of the case. She needs an attorney in both the juvenile dependency (CPS) and criminal cases. If she cannot afford an attorney, the judge will appoint one to represent her.