Legal Question in Criminal Law in California

I didn't see your original question, but I have a slightly different take than what I believe your first answers were.

A 14 year old involved with a 12 year old can be much, much worse than just "Unlawful sexual intercourse." There is the very real potential that some DA considers this to be child molestation under Penal Code section 288(a). That section involves any sexual touching of a child under 14. It doesn't matter if it wasn't sexual intercourse - it covers any touching. It also doesn't require that the perpetrator be over 18 or any age difference between them. I have seen juveniles get charged with this crime for conduct with another child under 14. It really just depends on the facts of the case and particularly the maturity level of the two involved.

I concur with Mr. Dane, but to answer your question, hugging and kissing are still legal. The problem is that one thing leads to another. For example, an innocent hug becomes a crime if his hand lands on her buttocks. It is just too easy to run afoul of the complex and harsh "child sex" criminal laws. I have no idea why our society is busy giving two 14 year old teenagers criminal sex crime histories for making out with each other. And of course, if two 15 year old kids are having sex, the boy is the criminal and the girl is the victim in most cases, even though it is mutual.