Legal Question in Criminal Law in California

Re: adult dating a minor

"If we were to become sexually active with her?" You mean, like a threesome? Don't tell me, I don't want to know. 17 and 18 years olds have been boffing 17 year olds since what, the beginning of time. And parental types have also been interfering with sexually active teens since the beginning of time. Yes, it would be illegal. But not as illegal as if there were a greater age difference. If you are serious about her (and there is only one of you), you could always propose to her.

Re: adult dating a minor

Duh, you have been warned, ignore that warning at your peril. Parents can file criminal charges against you, whether the girl wants to or not. Dating an underage girl is one thing, but statutory rape charges carry a pretty stiff jail sentence.

Re: adult dating a minor

Having sexual contact (a term which encompasses a lot more than just intercourse) with your girlfriend would be statutory rape, even if you're still 17 when it happens. Dating her without having such contact would be perfectly legal.

Since dating is not a crime I can't imagine the D.A. would care about her guardians' complaints. They could try on their own to get a restraining order against you, but once the judge hears that they didn't consider such an order necessary until you turned 18 and that you and she are not sexually active, he'll probably deny their request.

The guardians seem to presume the two of you are having sex, but in court they would bear the burden of proof on this point. Their own suspicions prove nothing, though they may have circumstantial evidence supporting their beliefs.

Courts don't like to get involved in intra-family disputes unless someone is breaking the law or there is an apparent risk of physical harm. A teenager who dates someone of whom her guardians disapprove does not fit into either of these categories.

And while the guardians have authority over your girlfriend, they have none over you. Since you have no obligation to obey them and will be an adult, I doubt a court would restrain you.

Get a lawyer if you are served with papers. Control your urges in the meantime, and you should have nothing to worry about.