statutory rape statute of limitation

What is the name of your state? California

hi my gf who is 18, had sex with her ex bf who was was 17 at the time. their is like a 3-4 month age difference at the time.and since the break up he has been doing anything he can to make her life hell. he recorded them having sex and is threatning to use that tape against her in any way that he can come up with. i was wondering what trouble she could actually get in, i know its a misdeameanor(sp?). well thanks for your help.

Trouble for what?? It is NOT statutory rape.

isnt it statutory rape, since he was under 18 at the time, and she was 18, even if it is only a 3-4 month difference, and he has proof that it happened

http://www.cga.state.ct.us/2003/olrdata/jud/rpt/2003-R-0376.htm

California

§ 261. 5(b)-(d)
Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor

Up to one year in county jail

Click to expand...

http://www.sexlaws.org/index.html

Coosi is correct... and I was incorrect. I had assumed (my error!) that California (a LIBERAL state) had an age of consent of 16 like most other states!!!

From the California Penal Code:
"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."

Also:
"261.5
(e)(1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
(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)."

Ah, the California Penile Code, how appropriate