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

Birth Control Pills perscribed to teens

The Legal Perspective and California Underage Sex Laws

Confusion is understandable. When reading laws, you have to read them very carefully to get the exact meaning. With regard to penalties the laws reads this way: Section 261.5 (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).

Parents can file complaints with police and request protective orders if necessary. Ultimately, any criminal charges, if any, will be filed by the prosecuting attorney in the District attorney's office. Parents do not technically "press charges". The charges are determined by the prosecuting attorney assigned to the case and are based on the findings of an investigation. The minor does not have to testify or even cooperate for the DA to make a case. Many do not. Many things depend on the parents report, the circumstances that lead up to it, whether the two were caught in the act, etc... Each case is treated independently. The circumstances of each case are looked at closely. Anyone can report the crime and anyone can answer questions about the parties involved if asked by authorities. People can speculate about many things and take many risks. The bottom line for any prosecutor is defined clearly within the law. In California, an adult can be prosecuted for having sex with a minor. A minor is defined as anyone under the age of 18. 17.5 qualifies as a minor. There are many cities, counties and prosecuting attorney's in the state of California. There are working prosecutors who will prosecute a case even when the victim is 17.5 years of age. The 23 year old friend is putting himself at risk legally. The age difference alone would put this in a more serious catagory with a potentially large fine.

Yes. It is possible. It is a parents legal right and responsibility to contact police and file a report if they believe their minor child is being put at risk by another person. In this situation, it is a crime in the state of California for a 21 year old to have sexual contact with a 16 year old minor. If sexual contact is suspected, a parent or any person can report it to police at any time. A parent doesn't actually take anyone to criminal court to press charges. Only the California prosecuting attorney can make the decision to file charges against an offender and seek a conviction. This decision is generally based on the findings of an investigation after a parent files a report/complaint with police. A parent has no control over what actions the District Attorney takes once a report is filed.

The statute of limitations to bring prosecution against a person depends on whether the charge is for a misdemeanor or a felony violation. In your situation given the age difference between you, if the DA decided to file charges it could be either one; a misdemeanor or a felony according to the statute 261.5. Violation of Penal Code section 261.5(b) is a misdemeanor and has a one year statute of limitations. Violation of Penal Code section 261.5(d) is a straight felony and has a three year statute of limitations. The statue of limitations runs from the date of the offense, regardless of when it is reported. If charges are filed, it is in your best interest to seek representation from a criminal defense attorney who specializes in sexual offense cases. There are many to choose from and generally one to fit all budgets.

There is no law prohibiting an adult from dating a minor where NO sexual contact exists. "Sexual contact" is defined in the Civil and Penal code toward the end of this response: Two points of caution: 1. When any adult is pursuing a non-sexual "dating" relationship with a minor, the adult should consider that a "minor" remains within the legal control of the parents until they are 18 years of age. The parents have a legal "right" to say "NO" to an adult (or anyone) seeking to pursue a dating relationship with their minor child. If the parents have not been consulted and they later find out, legal issues may arise as a result. 2. If an adult continues to pursue a dating relationship with a minor after a parent has forbidden the arrangement, the parents are within their rights to take legal action to prevent it. There is no predetermined outcome as each situation is unique to the people involved and the prevailing laws.

Civil code 43.91

Penal code 243.4

Yes. If any one suspects it and files a complaint, or, if the two of you are caught together by the authorities, it would likely be the older (16 year old) who would be investigated and charged. In a situation like this, it may go straight through the juvenile justice system or it could be recommended to adult court depending on previous history. It's speculative.