Legal Question in Criminal Law in California

Is it legal for a 17 year old to have sex with an 18 year old, as long as the 17 year old gives their consent to the actions? Also, if it plays any benefit to the question at hand, would the two's relationship time have any influence on law or court decision? Say a relationship that has lasted a year and 6 months?


Asked on 8/12/10, 10:30 pm

5 Answers from Attorneys

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

At this office young love is encouraged and appreciated. However, it is still illegal to do the nasty, at least within the State of California, unless both of you are at least 18. The State Legislature has determined that persons of your age are too stupid to be legally able to give consent.

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Answered on 8/17/10, 10:42 pm
Robert Marshall Law Office of Robert L, Marshall

It is illegal to have sex with a person under eighteen, period. The law says minors cannot consent to sex. (However, forcible rape is a more serious crime.)

The only "relationship" that makes a legal difference is if the perpetrator is married to the minor. It is legal for a married couple to have sex with each other regardless of their ages.

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Answered on 8/17/10, 10:44 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Sex with a 17-year-old is a crime, no matter how long they have been together. The only exception is for married couples. But a 17-year-old can only marry with permission from his parents (or, if he has been emancipated, from a judge).

While the length of the relationship has nothing to do with the 18-year-old's guilt, the judge might consider it a mitigating factor at the time of sentencing.

I'd wish you good luck, but neither of you should be getting lucky until you're both 18.

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Answered on 8/17/10, 11:16 pm
Terry A. Nelson Nelson & Lawless

Does the term 'statutory rape' not ring a bell here?? The more you talk, the more evidence you give to prove the crime.

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Answered on 8/18/10, 9:57 am
Anthony Roach Law Office of Anthony A. Roach

I agree with the responses provided by Mr. Hoffman and Mr. Marshall.

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Answered on 8/19/10, 10:47 am


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