Legal Question in Criminal Law in California
In the state of California if an 18 yr old has sex witha 16 year old is it considered stachatory rape?
Asked on 5/18/10, 12:04 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
Yes, it is statutory rape. The difference in the years only establishes the severity of the crime, and therefore the severity of the sentence. If the perpetrator is no more than three years older than the victim, it is a misdemeanor. (Pen. Code, sec. 261.5 subd. (b).)
Answered on 5/23/10, 10:44 am
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