Is it illegal for a 16 year old to have intercourse with an 18 year old even though he is still in high school?

California

My boyfriend just turned 18 and I'm 16. Would it be unlawful If I engage in sexual activity?

Yes. It is unlawful for an adult (18 or older) to engage in sexual intercourse with a minor in the state of California. Age 18 is considered the age of majority and the age a person becomes accountable to the "adult" system of justice. This is true even if the 18 year old is in high school. The legal age to consent to have sexual intercourse in California is 18. The 18 year old risks criminal legal action if engaged in a sexual relationship with a minor. The minor would be considered the victim and not be charged. With a 2 year age difference, if convicted of unlawful sexual intercourse, the most probably classification for the crime would be a "misdemeanor" which can include a fine, civil penalty and up to a year in jail; however, the law states that these crimes can be classified as a misdemeanor or a felony, so it could go either way depending on the circumstance.


Submitted by Anonymous (not verified) on Mon, 10/03/2011 - 08:29.

What about if I'm 16 and my girlfriend is 18 years old is that still illegal??

Submitted by Anonymous (not verified) on Fri, 05/27/2011 - 20:44.

Can my 19 year old be accused of sexually abusing his 17 year old girlfriend if the parents are constantly telling him to sleep over. I do not approve of this but the mother is always going against my judgement.

Submitted by Anonymous (not verified) on Sat, 03/05/2011 - 18:45.

Is it illegal to have sex with a 17-year old when you're 18 and you both attend high school?

Submitted by Anonymous (not verified) on Fri, 07/09/2010 - 01:24.

I am 16 and my boyfriend just turned 18, i understand it is illegal to have sex. But what about oral sex, can he get in trouble for that?

Submitted by dunsailn on Tue, 06/01/2010 - 06:16.

Yes, it is still illegal.

Yes, even if your parents know you are having sexual intercourse, he can still be arrested and charged with the crime.

Yes, anyone can report it, it does not have to be a parent. Some professionals are required by law to report it if they reasonably suspect.

Yes, he can still be charged and convicted even if you don't testify against him. This would depend on evidence. If you became pregnant, in addition to a criminal misdemeanor or felony charge, he could also face Civil monetary penalties.

Submitted by Anonymous (not verified) on Mon, 05/31/2010 - 11:31.

well me and my boyfriend have been dating for close to a year, I am 16 and he is 18. My mom and dad know we are dating and know we have sexual intercourse and his parents know also. Can he still go to jail? And how if neither of our parents report it? Can he still go to jail even if I dont testify against him

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