Legal Question in Criminal Law in California

My girlfriend and I were caught kissing on her school campus during lunch hours in my car. I am 19, and she is 17.5, due to be 18 in July. While we were kissing, a police officer happened to look into my car window, saw us, and told her to get out of the car. We were both interrogated separately. In the end, the police officer wrote up a police report for me, saying that I was kissing (nothing else, just kissing) an under-aged girl while trespassing on school grounds. No arrest, no citation, he gave me a warning and let me go. The police report is now on public records. Her parents are threatening to sue me on terms of touching their underage daughter.

1. Can they do that? We've never had sex, and the report says there was no inappropriate touching going on. Only kissing.

2. Our feelings for each other are mutual. When she turns 18, can her parents still use the incident when she was 17 to sue me? If they do, can she nullify their claim because she is now an adult?


Asked on 3/26/10, 10:25 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You weren't doing anything illegal, and the police officer violated your rights by hassling you for lawful conduct. How was it that the cop was able to interrogate either of you? Didn't your parents ever teach you not to speak to the police?

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Answered on 3/31/10, 10:51 pm


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