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  1. #1
    curious92549 is offline Junior Member
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    Minor Dating an Adult

    What is the name of your state? California
    My Daughter is 15 and her boyfriend will be 18 in Jan 06. His parents and bosses are threatening that they will have him put in jail or arrested for dating a minor. They have been together since the 5th and 6th grade and now are junior/senior in high school. Who has the authority to press charges against this boy according to california state law?

    Ok frist of all I am the mother of this girl. Secondly I have two very confused kids who think that they can not date when he turns 18. Sex is not the issue. So is there anyway that he can go to jail for dating a minor with the knowledge that I want to help not hinder the situation.
    Last edited by curious92549; 11-04-2005 at 03:37 PM.
  2. #2
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by curious92549
    What is the name of your state? California
    My Daughter is 15 and her boyfriend will be 18 in Jan 06. His parents and bosses are threatening that they will have him put in jail or arrested for dating a minor. They have been together since the 5th and 6th grade and now are junior/senior in high school. Who has the authority to press charges against this boy according to california state law?
    The parents of the minor or the DA. If your daughter is having sex you need to get your head out of the sand.
  3. #3
    Kane is offline Member
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    It's up to the state (the police and prosecutors) to decide whether to arrest and prosecute him, assuming he's doing anything wrong.

    However, he does need to wake up, because the consequences of statutory rape can be severe. Depending on state law, he could be sent to prison, or have to register as a sex offender.

    Perhaps someone from CA - Carl - could tell you what the penalties are.
  4. #4
    BelizeBreeze is offline Senior Member
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    The age of consent in California is 18.

    Michael M. v. Superior Court 450 U.S. 464 upheld the statutory rape laws of California.

    That being said, the boyfriend, if he is more than three years older than the girl AND has attained his 18th birthday, falls under the following:

    261.5. (a) Unlawful sexual intercourse is an act of sexual
    intercourse accomplished with a person who is not the spouse of the
    perpetrator, if the person is a minor. For the purposes of this
    section, a "minor" is a person under the age of 18 years and an
    "adult" is a person who is at least 18 years of age.
    (b) Any person who engages in an act of unlawful sexual
    intercourse with a minor who is not more than three years older or
    three years younger than the perpetrator, is guilty of a misdemeanor.
  5. #5
    CdwJava is offline Senior Member
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    If sexual relations, fondling, groping, or any other sexual activity is discovered, he can go to jail. Nobody has to "press charges". Anyone who finds out can report it and the DA and the court will decide.

    If they are having sex, there is a good chance that she will get pregnant - and that results in great DNA to put him in jail.

    It's time for him to cool his jets and keep it platonic.

    Oh ... and he can get arrested and put in juvie even now.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by CdwJava
    If sexual relations, fondling, groping, or any other sexual activity is discovered, he can go to jail. Nobody has to "press charges". Anyone who finds out can report it and the DA and the court will decide.

    If they are having sex, there is a good chance that she will get pregnant - and that results in great DNA to put him in jail.

    It's time for him to cool his jets and keep it platonic.

    Oh ... and he can get arrested and put in juvie even now.

    - Carl
    The problem carl, is that the girl is now 15 and the boy has not yet turned 18.

    That's less than a three-year difference and according to the statute, is a misdemeanor. Not, I'm afraid, enough to derail the big Johnson
  7. #7
    rmet4nzkx is offline Senior Member
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    Interesting that OP claims to be the girl's father and it is the boy's parents who are threatening to take action once he turns 18. In most cases the girl's parents would be the one threatening. What do the young man's bosses have to do with this unless they are all trying to warn him away from this girl. I wonder if OP is really the girl?
  8. #8
    BelizeBreeze is offline Senior Member
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    It's California.

    The OP can be the boy AND the girl ...
  9. #9
    stealth2 is offline Senior Member
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    At the same time.
  10. #10
    CdwJava is offline Senior Member
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    Quote Originally Posted by BelizeBreeze
    The problem carl, is that the girl is now 15 and the boy has not yet turned 18.

    That's less than a three-year difference and according to the statute, is a misdemeanor. Not, I'm afraid, enough to derail the big Johnson
    It's still a misdemeanor, though. Unfortunately, it may not be enough to strike fear in the heart (and other parts) of this kid.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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