Legal Question in Criminal Law in California

if both males were minors under the age of thirteen, and one of them was older than the other and they participated in a sexual intercourse with each other is that illegal? how so, and what are the consequences if both were minors? please advise


Asked on 8/31/09, 2:45 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Unlawful sexual intercourse (a.k.a. Statutory Rape) is covered in Penal Code section 261.5. It's illegal for any person to have sex with a person under 18, even if they are under 18 themselves. It would be a misdemeanor, given that their ages are within 3 years of each other.

This conduct could also be covered in Penal Code section 288(a) - Lewd acts on a minor under 14. That covers any sexual touching or conduct with a child under 14. This can apply to minors acting on minors as well. The problem here is that this is a felony and carries all sorts of collateral consequences.

The specific facts - what exactly happened, was there any force or coercion used, etc. will make all the difference in the world.

This is one to discuss in person with a criminal defense attorney with experience in sexual assault cases.

Read more
Answered on 8/31/09, 10:32 am


Related Questions & Answers

More Criminal Law questions and answers in California