Is it illeagal if he's 18 but i'm already 17?

Last Edited By Krjb Donovan
Last Updated: Mar 11, 2014 07:35 PM GMT

Question

here's the deal...

i've been dating my current boyfriend for a little over 3 years now. last november he just turned 18 and this january i just turned 17. we've been living together for a little over a year with my mom's consent. the only problem is that i've been told that he can get arrested for statitory rape. is this true in the state of california? i mean we've been together for so long now and both of our moms are ok with it, so can he really be arrested? i ask this because i just found out i was pregnant and i'm scared to go back to school in fear that my social worker will report hi and i'll be left without a father for my son. 

Answer

Hi Jess,

I cannot provide definitive legal advice in this forum. For that, you would need to consult with an attorney licensed in California.

However, for informational purposes, I can tell you that California law makes it a misdemeanor (which basically means a "minor crime") for anyone to have sex with someone under 18 unless they are married. If there is more than a three year age difference, it becomes a felony (a more serious crime). So because you have just over a year difference, it is sex would be a misdemeanor.

The law goes on to indicate that penalties where an adult (18 or over) has sex with a minor (under 18) and the age difference is less than two years, the adult could be subject to a civil penalty of up to $2000.

So yes, he could be arrested, but it does not sound like he would do any jail time. Of course, none of this law applies if the two of you get married. You may want to consider that options if this concerns you.

If you want to read the law yourself, you can find it here:

http://www.moraloutrage.net/staticpages/index.php?page=California

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