Legal Question in Discrimination Law in California

Re: Sex with an underage male.

A Consenting 16-1/2 year old male with an 18 year old girl?

Technically, it's illegal as statutory rape, but it's rare to hear about such cases being prosecuted.

Re: Sex with an underage male.

I don't think it is statutory rape. Rape is a felony. Instead, it is a lesser crime, known as "unlawful sexual intercourse" and defined in the California Penal Code at section 261.5. If the age difference between the partners is three years or less, the crime is "only" a misdemeanor.

The law also calls for civil penalties (fines).

I would not lie awake nights worrying about being arrested, tried and sent to jail. The cops and district attorney have more important things to go after. Your big concern (both of you) should be avoiding disease and pregnancy, and keeping youselves healthy, happy and looking forward to being grown ups.

Re: Sex with an underage male.

Yes, the state legislature thinks 16 year-olds are too stupid to be allowed to experience young love.

But these types of cases rarely get prosecuted, if they do it is often after a nasty breakup.

I can't advise you to break the law, so Don't Do It Anymore.