A 27 yr old married female had sexual intercourse on several occasions with a 17 yr old male neighbor. The relations have since stopped and he has since turned 18 almost 19.

Although his parent has agreed not to report the crime, as long as she moved, the now ex-husband of the female is using it as "leverage" in a custody battle over their son and threatening to report it.

What is the statute of limitations for this? 1 year of the offense or 3 years do to the age difference? Does it make a difference to the DA that the male in now almost 19 and does not feel victimized by this?

We have no way of knowing or predicting whether a DA's office will pursue a case against the 27 year old female. All we can point to is the law; it would be within the law for the California DA to pursue a felony conviction for up to three years from the date the offense occured (up to one year for a misdemeanor offense).

In this situation due to the difference in age, the DA could seek either a misdemeanor or felony conviction. Given the time that's passed they would have to make a felony case if they pursed it at all. The DA would certainly interview the victim and weigh all evidence to determine if a felony conviction should be pursued.