Can I Be Charged With Statutory Rape If I Thought My Partner Was Over 18?

Engaging in sexual intercourse with a minor is a serious criminal offense in California. The exact offense you will be charged with for having sex with a minor depends upon your age and the age of the alleged victim. When people think of the criminal act of having sex with a minor, they are likely thinking of statutory rape. Under California Penal Code Section In statutory rape cases, you may think that consent is a defense, but minors cannot legally consent to sex. Therefore, it is a crime to have sex with anyone under the age of 18, regardless if you are also under the age of

CA Democrats Author Bill to Protect Sex Offenders Who Lure Minors

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year old girlfriend began dating when Jeff was a junior in high school. He and his It is the basis for the laws that even if minors consent, adults cannot engage in For example, in California where the age of consent is 18, a 16 year old.

Adults who break that law can be charged with statutory rape. As sex crimes lawyers in Orange County , we know that statutory rape laws presume that minors are incapable of consenting to have sex. However, to win a conviction in a statutory rape case, a California prosecutor does not need to prove that any assault, force, or coercion was involved — it is still rape. The penalties for a statutory rape conviction will depend, along with other factors, on the ages of the defendant and victim.

Depending on the ages of the individuals who are involved and on other factors such as prior criminal convictions, a statutory rape charge may be filed and prosecuted as either a misdemeanor or as a felony in California. Some convictions for statutory rape will require a convicted defendant to register as a sex offender. The status of sex offender can be a substantial barrier to finding employment and even housing. Most states will not permit registered sex offenders to reside in communities near schools, playgrounds, or parks.

California law allows a marital exemption so that the marriage partners of married minors are not charged and prosecuted under the statutory rape laws. Anyone who is charged with statutory rape — or with any sex crime in Southern California — will need to be represented by a criminal defense attorney.

Oral Copulation With a Minor in California – What You Need to Know

California has several statutes that govern sexual contacts between people. Among these statutes, statutory rape laws have a significant focus because the offense involves victims who are minors. Statutory rape is any sexual activity with a person under the age of consent 18 years.

California Consent Laws. The age of consent in California is This means that it is illegal for you to engage in sexual intercourse with a person under the age.

Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense. For example, a state might set the age of consent at In these states, such as Texas, the age of consent is determined by age differentials between the two persons and limited by a minimum age. If you need a quick guide for each state, a chart is provided below. Be aware that the law may be more complex than the chart shows and that the information given is subject to change.

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Legal Age of Consent in All 50 States

As a survivor, you may not know exactly which crime was committed against you, or what the penalties are for a conviction of that crime. To learn more about your options, please contact our California sexual assault lawyers today. The type of contact, and the circumstances in which contact was made, also define what is a crime and what is not. For example, if you are at a restaurant and another patron passes by you, and accidentally touches your breast with his or her arm, that is not a sex crime.

However, if another patron purposely reaches out and gropes your breast, then you could potentially pursue charges against that patron for sexual assault. Not all sex crimes, however, involve physical contact.

California. Yes. Yes. Extensive requirements for theatrical employment: The and date of termination of the work performed by minors in the entertainment industry. Exemptions-Minors are subject to the child labor law except for the minimum good health, workplace approved by DOL, minor under direct care of adult.

In California, it is unlawful to engage in sexual intercourse with a person who is under 18 years old. This is a very serious crime known as statutory rape. If you are convicted of statutory rape in this state, you face severe consequences, including prison time and expensive fines. Call us today at to receive expert legal advice about your case.

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What is the Statute of Limitations for Statutory Rape in California?

In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states , District of Columbia , and territories.

Depending on the jurisdiction, the legal age of consent is between 16 and

And if an adult engages in sexual intercourse with a minor, they break the law and can be subject to criminal prosecution. For example, if a.

We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from. To learn more or opt-out, read our Cookie Policy. Every year thousands of adults sexually exploit teenagers — though rarely do these predators receive the notoriety that Roy Moore has achieved. We can also use that understanding to improve our laws protecting teenagers from sexual abuse.

In particular, I think sexual consent laws would benefit from a concept used in contract law involving underage consumers and citizens. Such a system would put an extra onus on adults to make sure that they are not taking advantage of a younger person, strengthening the disincentive to troll malls and sweet-talk people just above the current age of consent.

There is a scientific argument for modifying consent laws. Though laws placing minimum ages on contracts, and sexual consent, were created before we knew that science, lawmakers intuitively if inconsistently recognized that teenagers do not make decisions in the same way adults do. We now know that the teenage brain does not finish maturing until sometime in the mids.

The first thing we can say, therefore, is that age-of-consent laws that draw a bright line of sexual maturity at 18 or younger fail to consider the scientific data. To be sure, levels of maturity vary by individual; setting one age as the advent of maturity is always going to be a gross proxy. That imprecision helps explain the wide variety of minimum ages reflected in American law. In the political realm, the age of majority was lowered with the 26th Amendment, which gave year-olds the right to vote, yet still prevents most teens from voting.

Statutory rape is a crime defined at the state level, so the age of sexual consent varies from state to state.

Code Section

This section focuses on laws addressing sexual intercourse. As the first column in Table 1 shows, the age of consent varies by state. In the majority of states 34 , it is 16 years of age. In the remaining states, the age of consent is either 17 or 18 years old 6 and 11 states, respectively. A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex. Only 12 states have a single age of consent , below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent.

Existing law, the Sex Offender Registration Act, amended by Proposition 35 by SB appears to allow adults to victimize minors by luring them with the intent to the minor, as measured from the minor’s date of birth to the person’s date of birth. Scott Wiener is the author of California Senate Bill

From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.

The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. In prosecutions under Section , , , a, or , in which consent is at issue, “consent” shall be defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.

A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under Section , , , a, or

California Statutory Rape Lawyer Explains Laws on Unlawful Sex with a Minor (Penal Code 261.5 PC)

Statutory rape is very different from rape in that it does not involve a forced sex act upon another person. There is no violence involved and you may even be very close to the alleged victim. Under California Penal Code Section The elements of a statutory rape charge are:. In this situation, the alleged victim may have even consented to engaging in sexual intercourse with you.

Federal law makes it criminal to engage in a sexual act with another person Some states, such as California and New York, set an age at which all sexual If the person engaging in sex with a minor is less than 3 years older or North Carolina Sexual Offense with a Child by an Adult Lawyers · North.

However, under their bill, SB , the offenders would not have to automatically register as sex offenders if the offenders are within 10 years of age of the minor. Existing law, the Sex Offender Registration Act , amended by Proposition 35 by voters in Ban on Human Trafficking and Sex Slavery , requires a person convicted of a certain sex crime to register with law enforcement as a sex offender while residing in California or while attending school or working in California.

By contrast, for other forms of intercourse — specifically, oral and anal intercourse — sex offender registration is mandated under all situations, with no judicial discretion. Proposition 35 was created and passed to protect children from sexual exploitation and sex trafficking. Legislators Wiener and Eggman say they are trying to shield LGBT young people from having to automatically register as sex offenders for specified sex crimes. But their bill does much more. SB would allow a sex offender who lures a minor with the intent to commit a felony i.

No specification is made as to whether the sexual offender is straight or LGBT. There is no age limit or range specified, except for existing law which already excludes lewd acts with children under SB , as currently written, appears to allow certain sexual predators to live among the population without anyone being aware.

Sexting – What does the law say?