Legal Question in Criminal Law in California

co-habitation. One under 18 years & one 20 years old-girl & boy friend-unrelated

I am in California. My relative says it is okay for an unrelated teenager of the opposite sex to live with her. She is 20 years old & he is under 18 years old. They will reside in the same bed. He has never been declared as an adult. His mother seems to be okay with this arrangement, but I say she'll, his mother, be contributing to the delinquency of a minor, which is illegal.

Additionally, I believe that this 20 year old adult will be committing an illegal act, residing with this opposite-sex minor.

What is the law in this state on this?

Thank you for the law, or please point me into the right direction.

Fred

Upland, Ca


Asked on 2/02/03, 8:57 pm

1 Answer from Attorneys

Michael Troy Attorney at Law

Re: co-habitation. One under 18 years & one 20 years old-girl & boy friend-unrel

This is a touchy situation. I will only give general statements here, as there are few facts given in your question. Supposing your relative is also in California, the law in California with regard to the facts given is that it is unlawful for someone over 18 years of age to have sexual intercourse with someone under 18 years of age. It is also unlawful for someone over 18 to engage in oral sex with someone under 18. There are a variety of violations depending on the amount of age difference. However, an adult living with someone less than 18 years of age does not, in itself, constitute a crime. The issue is whether the adult (over 18) is having sexual relations with the minor (under 18). Thus, if a sex crime is being committed, it will be attributed to your relative. You cannot be contributing to the delinquency of a minor if the minor is not found to be acting delinquently. Thus, whether the mother is acting inappropriately depends on the circumstances. This is as much as can be said given the few facts listed.

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Answered on 2/03/03, 1:02 am


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