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lewd act need some help

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H

helpthisperson

Guest
What is the name of your state? CA

I know CA doesn't take this lightly. My problem is that my girlfriend and I were caught having oral sex in a parking garage with a security camera from distance but they saw what went on. Well she was giving me a bj. She's 16 turning 17 very shortly, and I'm 18 now. Cops came and gave me a ticket. We haven't had sex yet so I can't be charge for a much more serious crime. I asked the officer what would happen and such. He told me some of the things, but he's not a lawyer or knows the law other than giving a ticket or taking people in.

Here's some of the things that I think would help me.

1) We've been together for about 6 months.
2) This was consensual
3) My girlfriend said that she was the aggressor.

Her mom is mad about this but she's not pressing charges. I don't want a child molestation on my record not when she's only around a year younger than I am. That's even in a closer ranger of age than most marriages out there. I got from some people, including the officer that the DA would not pursue it more than it is, due to the circumstance yet it's up to the DA. I would like some more opinion professional or not on this matter. I would also like to know about the fines and consequences if I am convicted.
 


calatty

Senior Member
What did they give you a ticket for? Oral copulation of a person under 18 is prohibited by Penal Code section 288a, and makes no exceptions for aggressive victims, or people who have been together.
 
B

bomber

Guest
Now blow jobs are illegal! What's this country coming to? I think I see some black helicopters outside.:mad:
 

I AM ALWAYS LIABLE

Senior Member
bomber said:
Now blow jobs are illegal! What's this country coming to? I think I see some black helicopters outside.:mad:
My response:

Bomber, did you misunderstand the original post? It's not the "BJ" that's unlawful. California couldn't care less about BJ's, or anything else done between consenting "adults." California leaves all that crap for the "Bible Belt Thumping Backwards" States, that hire "Bedroom Police." We don't care about that. California is populated by sinful Heathens who are in a constant state of copulation - - except when writing to Bulletin Boards.

The issue is that the young girl in our writer's situation was a "minor" and, under California law, she cannot legally give "consent" to such acts, nor does it matter that she was the "aggressor".

Further, they were performing the "acts" in a public place; i.e., "in a parking garage." Hence, as Calatty points out, "Oral copulation of a person under 18 is prohibited by Penal Code section 288a, and makes no exceptions for aggressive victims, or people who have been together."

IAAL
 
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H

helpthisperson

Guest
So would any of you know what would happen to me when the court date arrive? I mean am I most likely convicted and have this on my record? Or can I just pay the fine and have it not on my record? If so do you know how much the fines are? I'm just trying to assess the situation so I'm not too in shock for what is to come.
 
H

helpthisperson

Guest
By all means no. I would just like to prepare myself. That is why I'm asking all of the questions. I'm sorry if you took it differently.
 

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