teen underage dating


Is it illegal for a 13 year old girl to be dating a 17 year old boy if they are not having sexual intercourse?

There is no law that prohibits dating without sexual activity. Parents must give consent to allow the dating.

All minors are under the legal authority of their parents or guardians. This means that legal actions can be taken by the parent or legal guardian on behalf of the minor child with or without a consensus.

In some legal situations, judges will send 17 year olds to adult court rather than juvenile court.

Under California law, a person more than three years older than the minor (even if that person is a minor)can be charged with a misdemeanor or a felony under 261.5 Unlawful sexual intercourse with a minor.

See sections outlined below.

California Penal Code 261.5
(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.

In addition to the criminal action above.

(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:

C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).

The district attorney may bring actions to recover civil penalties. 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, State Treasury.