Legal Question in Criminal Law in California
emancipation and underage sex
Does emancipation of a minor take any blame off of an adult who has sex with a minor?
1 Answer from Attorneys
Re: emancipation and underage sex
The issue with statutory rape (sexual intercourse with someone under 18) is the age of the people involved. Statutory rape is defined as sexual intercourse with a person who is not your spouse and is under 18 years of age. PC 261.5. The Penal Code is written such that anyone having sex with a minor (someone under 18), including another minor, could be charged with statutory rape. Either a guy or a girl could be charged if the partner is under 18, or if they are both under 18.
California Family Code Section 7050 contains all the purposes for which an emancipated minor shall be considered an adult (Someone over 18). Having sex with adults is not in the list.
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