Legal Question in Criminal Law in California

Sexual Age

If the boy is 22 yrs old and the girl is 17 yrs old , is it legal to have sex while in CA ? If they happen to visit Las Vegas and the couple has sex there, is it still consiered legal/illegal if they had sex in Las Vegas ?

thank you.


Asked on 6/29/04, 1:11 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Sexual Age

If this couple has sex in California then the man is committing statutory rape.

Why a grown man and a teenage girl who both live in California would just "happen to visit Las Vegas" is beyond me, but if they did and had sex there they would raise an interesting legal question. My quick research (which you should *not* take as the definitive word on the subject) shows that the age of consent in Nevada is 16, so Nevada authorities wouldn't care what these two hypothetical people did. However, there is a federal law against crossing state lines for illegal sex, and I don't know offhand how that law would apply to a situation like this where the sex is legal where performed but would have been illegal where the two originated.

I could probably find the answer to that question with a bit of research, but it is late and I am not about to start a project like that at the moment. Your best bet is not to "happen" across state lines together, and to take frequent cold showers if you do.

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Answered on 6/29/04, 2:03 am


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