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

• Rape
• Sodomy
• Continuous sexual abuse of a child

• 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

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

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.

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.

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.

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.

California Family Code - Part 2 Judicial Determination of Void or Voidable Marriage

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.

First, if there is abuse going on in her home she needs to report this to the authorities. There is shelter help available for her that would be less of a legal risk to your future and hers. California Family and Domestic Violence Referral Directory Her living arrangement (in your home) may not be a wise approach to facing the legal issues at hand, and in fact, will likely make the situation worse and create more risk for you legally. If the parents file a complaint with police, you can be arrested; they could have her (the 16 year old) picked up and returned home. The parents can also petition the court for a restraining order to keep the two of you apart. I would strongly encourage you to seek confidential advice from a California Attorney. This would be the smartest path to follow for your future. Due to the fact that she is a minor, her parents will have control of these matters legally on her behalf. If she is pregnant, you would be wise to have an attorney explain your legal rights as the father and also prepare you for the legal issues of support and custody ahead of you. Also, see our "Self-Help" links (right side of page) available on these issues.

These are all details that need to be communicated to the District Attorney/Prosecutor by your son's attorney. If your son does not yet have an attorney, we strongly encourage him to get one as soon as possible. The prosecutor will not be looking out for his best interests and it is simply not wise to appear in court or try to deal with the prosecutor without representation by a professional attorney. With regard to the parents pressing charges, this is a state law which means the parents do not have to press charges for there to be an arrest or charges filed. Anyone with knowledge of the situation can file a report with police which will initiate an investigation. Based on the findings the prosecutor will determine if a state law has been violated and whether there is sufficient cause to file charges. In California, the statute of limitations on a misdemeanor is generally 1 year. Statute of limitations for a felony is generally 3 years. The statute of limitations begins on the date the violation occurred no matter when it is reported. You may want to check with your son to be certain of this timeline and also to be sure there is not more than 3 years, (36 months) between them. If they are over the 3 years even by a day, it changes the landscape. Again, I can't stress enough how important it is that your son have legal representation in this matter. If you need help finding an attorney, LegalMatch.com is a free service that can help. Look for their banner at the bottom of this page.

Probably the most appropriate first step would be for you and your wife (or mother of step daughter) to speak directly to the boy with his parents present. It may not be wise to speak to the boy without his parents involved due to the fact that your daughter will be seen as equally culpable (equally at fault) for the actions both juveniles have taken. There is no way of knowing how parents will respond to such news so you have to use your best judgment; however, if no one tells them what is going on, they will not have an opportunity to correct the behavior before their son gets into real legal trouble. At least alerting them to the situation will give them the opportunity to correct it, and frankly, it is the adult thing to do. If they don't care or do nothing about it, at least you gave them the opportunity. In California, sexual contact or intercourse with a minor is a violation of state law even when both parties are juveniles. Generally, there would be NO criminal charges filed, but rather, juvenile charges would be heard through the juvenile court system. Both juveniles could be charged in this situation, as both are the same age and would be seen as equally culpable for the act. This is assuming the sex was consensual. It may be wise to seek the advice of a California attorney who specializes in juvenile law. State your expectations clearly to both the boyfriend and his parents. This may settle things down quickly. Let them know that both kids are in violation of state laws. Tell them, you will have to report their son to the police if he enters your home or if he has sexual contact with your daughter. If you want the communications over the internet to stop, tell them. Give them an opportunity to deal with it. It can be difficult to keep your composure in meetings with teens and their parents. Do your absolute best to stay calm; staying calm and controlled will usually keep communication open and free flowing. Remain the “adult”, do not let a teen outburst take you out. Try to keep this meeting between you, your wife, the boy and his parents. You've made your intentions known to your daughter so involving her in this meeting may not have a proactive purpose. Let her know you are going to speak with him and his parents and leave it at that. It probably would be good to check with the local police department about trespassing laws in your county as a proactive measure. Go talk to the police and give them a hypothetical situation if you don't want to tell them the whole story just yet. Ask them to tell you what the police would do if you reported a minor sneaking into your home at night. Hopefully somewhere in those suggestions something will click. Good luck and remember, even though the teens may be mad at you now, they will probably thank you in a few years when their chemistry finally changes and the hormones calm down. Frank