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Age of Consent Questions for California

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can the hospital call the police if the minor is pregnant from a 21yr

:: June 20, 2008 17:58

can the hospital call the police if the pregnant 16 year old gives birth and the guy is 21 years old

Yes. In fact, they are required by law to file a report.

minor aged boyfriend

:: May 09, 2008 11:30

I have a friend who is 21 years old and is dating a 17 year old. there has been speculation that people could turn her in, even though the 17 year olds parents know the circumstances. is she at risk? what would be an outcome to this?

The law makers in California have made it unusually simple and clear from a researchers perspecitve. Under statute 261.5 a male or female under the age of 18 is not legally capable of consenting to sexual intercourse or oral sexual activity. This would apply to all relationships whether the adult is male or female if the minor is under 18. It also applies to homosexual relationships. The 21 year old is at risk of being found in violation of 261.5 Unlawful sexual intercouse with a minor. According to the statute, if convicted, she could face civil penalties from $2000 to $25,000 and possible jail time.

California fake i.d and statutory rape

:: April 20, 2008 18:28

Ok, my brother inlaw has a situation about his eight month old child. When he and the mother met, he thought she was eighteen and he was 26, but he recently found out that her I.D. was fake and a the time they were having sex and she got pregnant she was only 15. She’s 17 now and he is about to be 28. What will happen to him if he tries to get a paternity test and custody of the child because he also found out the girl is a prostitute and has been since she was 14…will he be charged for statutory rape if he goes to try and get a paternity test for the child? He’s scared because he doesn’t want to go to jail because she had a fake I.D. and he just found out after the fact how old she was. Will he go to jail and can he still get custody?

There appears to be four legal issues your brother-inlaw will need to address.

  1. Violation of California Penal code 261.5 Unlawful sexual intercourse with a minor
  2. Proof of paternity through court ordered DNA testing
  3. Child Custody
  4. Child Support
Your brother-inlaw should not try to handle this without first being advised by a lisenced California attorney. There is no provision in the law (that I have found) for an affirmative defense of 261.5 based on lack of knowledge of age; however, many things can impact these cases and impact how the District Attorney (DA) handles them, including "her" arrest record (if any) for acts of prostitution and/or records showing she used fake ID's. These are a among the subjects your brother-inlaw should discuss with a lawyer. These are also things his attorney can present to the DA on his behalf and deal for a favorable result if there are charges filed under 261.5. If a paternity test proves that the child is his, he has "equal" parental rights and obligations as the mother does. He has a right to petition the court for a custody arrangement or to file a petition for designation the custodial parent or primary care giver for his child. Either parent can be required by the court to pay child support, depending on the custody arrangement. Your brother-inlaw may save himself a horrendous amount of legal problems by hiring an attorney to help him sort this out.

California age 21 and exboyfriend now age 18

:: April 18, 2008 20:09

I am now 21 and my ex-boyfriend is 18. He lied and told me he was 18 when I was 20 and we had sex. Now that he is 18, can he press charges against me for statutory rape? And if he presses charges, will I go to jail even though he is now 18 years old?

The possiblity of charges always exists if there has been a violation of 261.5. In order for anything to happen, someone must first file a complaint against you with police or the DA's office. The police or DA, make a decisions based on the complaint whether to investigate the matter further or not. If an investigation is opened, the decision to file charges and pursue a case rests with the DA's office. Whether the DA seeks a conviction of a misdemeanor or a felony is determined on a case by case basis. Given the age difference in your situation, according to the statute this could be charged as either felony or misdemeanor. A local attorney who specializes in these cases would be very insightful as to how the DA determines the class of crime.

Statute of Limitations laws - Criminal Prosecutions

Citation: Penal Code §§ 799; 800; 801; 803(f)(1) & (g)(1) The statute of limitations for certain offenses is a period within 1 year after a victim under 18 years of age reports to a responsible adult or agency that he or she is a victim of an offense listed below: The statute of limitations for the following offenses is a period within 1 year after a victim (of any age) reports to a California law enforcement agency that he or she, while under 18 years of age, was a victim of any of those offenses.
  • Rape
  • Sodomy
  • Continuous sexual abuse of a child
Generally, the following statutes of limitations apply:
  • For an offense punishable by life imprisonment, there is no statute of limitations
  • For an offense punishable by imprisonment for 8 years or more, a period within 6 years after commission of the offense
  • For all other offenses subject to a term of imprisonment, a period within 3 years after commission of the offense.
  • For Misdemeanors, a period of one year after the commission of the offense.

Civil Actions

Citation: Code of Civ. Pro. § 340.1(a) The statute of limitations for filing a claim based on childhood sexual abuse extends for a period within 8 years after the minor reaches 18 years of age or a period within 3 years after the minor discovered or reasonably should have discovered that his or her psychological injury or illness occurring after 18 years of age was caused by the sexual abuse. Sources: http://www.childwelfare.gov/index.cfm http://www.leginfo.ca.gov/calaw.html

15 AND 19 Paternity Issue

:: March 26, 2008 17:13

My husband was 19 and the girl was 15 when this happened. From what he told me, they were partying that night (not sure if they were in the same party) and he got drunk and went home to sleep. The girl then came over to his house and wanted to have intercourse, but he said no, he never really liked her. But it did happen, and 8 months later she told him she's pregnant, and that she didn't really know. Given the girl's history, he asked if she's sure the baby's his, and she said yes, that the timing was right. Now that the girl is on welfare, they automatically charge my husband with child support but since he doesn't have income he hasn't paid it. He also wants to do a paternity test, but was wondering how this would work, since she was 15 at that time. It's been 4 years since it happened, and for a while, they did have consensual sex.

He will need to file a motion with the court contesting the paternity judgement and the court should order genetic testing which he may have to pay for himself. If he received a declaration of paternity from child support services and did not contest it, they would automatically assume paternity and child support would be ordered. If he signed a declaration of paternity, he can rescind or cancel it. The form for this is located on the web at California Department of Child Support Services It appears there is help available in the courts if you can not afford an attorney. All courts in California have an attorney present who can help with family law issues for free. These lawyers are called "Family Law Facilitators". The facilitators can not become your attorney, but they can assist with forms, legal motions and in other ways. They can get you information on referral services, legal aid clinics and self help law centers. California Courts Self Help Center Read the law below. It describes the circumstances and time limits for contesting paternity. If there is any doubt what-so-ever that he is the biological father he should have genetic testing done to determine it one way or the other. Otherwise, he will be responsible for child support until the child reaches 18 and possibly longer if the child goes to college. He may want to speak with a criminal attorney about another area of law. This is regarding 261.5 Unlawful sexual intercourse with a minor. If the mother just recently named him the child's father, that could be the reason this law hasn't caught up to him yet. It may catch up to him very soon, especially if he is not paying child support and not contesting paternity. There is potential for criminal charges under 261.5, as well as, civil monetary penalties if convicted.

California law for vacating a judgement establishing paternity and the time limits
FAMILY.CODE SECTION 7645-7649.5 7646. (a) Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated upon a motion by the previously established mother of a child, the previously established father of a child, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of a child is not the biological father of the child. The motion shall be brought within one of the following time periods: (1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of paternity, whichever is first, except as provided in paragraph (2) or (3) of this subdivision. (2) Within a two-year period commencing with the date of the child' s birth if paternity was established by a voluntary declaration of paternity. Nothing in this paragraph shall bar any rights under subdivision (c) of Section 7575. (3) In the case of any previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period commencing with the enactment of this section. (b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540.

22 Female 14 Male

:: March 21, 2008 20:32

I know both parties. And I know it was not rape but rather consensual by the both of them. I would like to know what the consequences and the course of action after the 14 year old filed a police report....., and or laws being broken were. If the female was 22 and the male was 14. Even if it only happened once. Truth is it happened twice in the same day. What lies in store for the 14 year old and what happens to the 22 female?

In the state of California, no one under the age of 18 is legally capable of consenting to sexual intercourse. The law has no gender bias. In this situation the 22 year old may be in serious legal trouble if charges are filed. The 22 year old should seek legal advice from a California Criminal defense attorney. What lies in store for the 14 year old and what happens to the 22 female?
The 22 year old may be charged with a sexual offense misdemeanor or felony and if convicted, may also be sued by the District Attorney's Office for Civil monetary penalties up to $25,000. The 14 year old may be eligible for victim assistance services.

having legal sex in another state

:: March 09, 2008 22:02

ok, i'm asking because many people must have thought of this. well, at least i'm wondering. say two minors wanted to have sex. they travel to a state that has the legal consent age of 16, but in their home state the leagal age is 18. can they be charged for having sex in another state? or do people need to follow the laws of the state they were born in, not the laws of the state they were visitng?

There are some issues 1. The laws of the state where the act occurs have jurisdiction no matter what state is your state of residence. 2. Transporting a minor across state lines for the purpose of sexual intercourse and/or without the parents consent or knowledge may be investigated as a "Federal" violation. With both parties being minors, I am uncertain what the outcome would be or how an investigation might play out. 3. Depending on the circumstances, it may violate several other state laws (not sexual offenses) in the state of residence and in the destination state. A minor is under the legal authority and control of the parents (or legal guardians.) A parent has rights and obligations under the law to act in the best interests of the child’s welfare; to provide for, protect, and control until the age of 18. "Control" means that the child must abide by the laws of the cities and state. If a parent loses this control the juvenile justice system takes control and becomes the child's legal guardian. This is NOT a preferable outcome for any child. Unfortunately, it is the outcome for many.

having sex as minors

:: March 09, 2008 21:46

hi. i just turned 15 in february, and i'm dating a guy who is still 14. his birthday is in june. we don't pressure each other into having sex, but we both know its on our minds. is it legal for us to have sex if we both give our consent even though we're minors? if we were charged for having sex, then would both of us be charged? or would i be the one charged since i'm the oldest?

In the state of California, legal consent does not exist for minors under the age of 18. It is illegal for minors under the age of 18 to engage in sexual intercourse. All juvenile cases are handled on an individual bases and the outcomes are based on many factors unique to the individuals involved. Other resources see: Question #3 in California FAQ.

Is incest legal in California?

:: February 26, 2008 00:45

Hello, I really need to know that if two people consent to have a incest relationship, is it legal or illegal? I can't believe it would be legal, but I need to know.

Incest is NOT legal in California. California code 285 on adultery/incest is not well written, but it clearly holds to the standard by which a marriage would be considered valid. Please see the code on "Void Marriage" below.

California Penal (Criminal) Code 285.
Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.
California Family Code - Part 2 Judicial Determination of Void or Voidable Marriage
2200-2201 VOID MARRIAGE Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate. This law defines "Incest" in the California code and gives clarity to the Criminal code.

Less than 2 years age difference

:: February 13, 2008 18:44

Alright...Im 17 years old will be 18 in 5 months. My boyfriend is 19. Though, I know california laws don't care how long the relationship has gone on or how much two people are in love.. But I'm unsure as to, if charges could still be filed against him. We have been together for 2 years and both of our parents consent to our relationship. Matter of fact at one point he moved in with me and my mother. My mother adores him. However my mother is bipolar and has a very inconsistent personalty. When she sees fit she likes to threaten to turn him in to the police. Then 2 hours later shes chatting it up with him about me & his recent engagement and how much she appreciates how good he is to me. I get worried that one day she could possibly snap again and really bring the books down on him. Not only will this devastate me, ruin my mother and I's relationship...WORSE; it will ruin my boyfriends life. I can't just sit back and possibly let something like this happen.Theres less than a 2 year age gap between us...when I turn 18 I'm not concerned about this anymore...but until then ..is he in legal danger?

According to California law; if an adult 18 years of age or older is engaged in a sexual relationship with a minor under the age of 18, the adult is in violation of 261.5 and is at risk of criminal charges and prosecution. With the age difference being less than two years, it would likely be a misdemeanor crime which creates a permanent criminal record, includes fines and possible jail time. If convicted, the prosecutor may then file a civil suit and seek civil penalties of up to $5000.

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