The Law on Underage Sex?

California

I have been dating my boyfriend since he was Sixteen, and I Fifteen.
I am now Seventeen, and I want to know the rules on statutory rape.
I have been unclear on it and I want to know what is okay, and what
isn't. Not only do I have sexual relations, I have friends in similar
situations. Therefore, I want to clarify what is legal.
I have heard of a 3-year rule whereas if both people are 3 years apart
in age or younger, it is fine. Does this apply to only dating or sex as
well? Also.. I have heard of a rule where anyone under 14 cannot
willfully consent to any type of sexual contact. I ask this because I
have had sexual contact at 14yrs and before. It was consentual,
but in the eyes of the law.. Is it?

Much Appreciation,
Twilight_Rain.

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

Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 who is more than three years younger than the actor is guilty of either a misdemeanor or a felony

Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony

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A 14 year old CHILD CAN NOT consent to sexual contact. Furthermore, a 14 yo would fall under child molestation laws.

Twilight_Rain said:

California

I have been dating my boyfriend since he was Sixteen, and I Fifteen.
I am now Seventeen, and I want to know the rules on statutory rape.
I have been unclear on it and I want to know what is okay, and what
isn't. Not only do I have sexual relations, I have friends in similar
situations. Therefore, I want to clarify what is legal.
I have heard of a 3-year rule whereas if both people are 3 years apart
in age or younger, it is fine. Does this apply to only dating or sex as
well? Also.. I have heard of a rule where anyone under 14 cannot
willfully consent to any type of sexual contact. I ask this because I
have had sexual contact at 14yrs and before. It was consentual,
but in the eyes of the law.. Is it?

Much Appreciation,
Twilight_Rain.

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**A: and why are you asking about this now three years later?

HomeGuru said:

**A: and why are you asking about this now three years later?

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They broke up and she wants him to suffer.

seniorjudge said:

They broke up and she wants him to suffer.

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**A: exactly. Maybe even torture the little weiner.

baystategirl said:

A 14 year old CHILD CAN NOT consent to sexual contact. Furthermore, a 14 yo would fall under child molestation laws.

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Yes. But if the guy was the same age....it was not against the law. She does not give enough information here to judge.

What do you care, Twilight Rain? You're doing the deed already. Expecting Daddio to pop your boyfriend?

AlanShore said:

Yes. But if the guy was the same age....it was not against the law. She does not give enough information here to judge.

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**A: huh, what's this all about?

AlanShore said:

Yes. But if the guy was the same age....it was not against the law. She does not give enough information here to judge.

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Yes, Alan, it IS against the law. Under California law (where the OP lives) if two underage children engage in sexual activity, a crime has been committed by at least one party - usually the male (a factor of how the statute is written).

- Carl

Twilight_Rain said:

I have been dating my boyfriend since he was Sixteen, and I Fifteen.
I am now Seventeen, and I want to know the rules on statutory rape.
I have been unclear on it and I want to know what is okay, and what
isn't. Not only do I have sexual relations, I have friends in similar
situations. Therefore, I want to clarify what is legal.
I have heard of a 3-year rule whereas if both people are 3 years apart
in age or younger, it is fine.

Click to expand...

You heard WRONG! It is NOT fine. The three year difference would, in this case, mean that your having sex would mean his crime is not a felony - but it IS still a crime, and he can still go to jail for it.

Does this apply to only dating or sex as
well?

Click to expand...

It means no fondling, groping, or sex.

Also.. I have heard of a rule where anyone under 14 cannot
willfully consent to any type of sexual contact.

Click to expand...

No one under 18 can legally consent to sexual contact ... hence the reason they call it "statutory" rape - it's rape due to statute and not due to force or fear.

I ask this because I have had sexual contact at 14yrs and before. It was consentual,
but in the eyes of the law.. Is it?

Click to expand...

He committed a crime. If before you were 14, he likely committed a felony.


- Carl

Uhm.. Wow, I really didn't expect that kind of reaction.
First off, I am still dating the guy I was at 15. It says
that in the first line of the post. I'm not trying to make
anyone suffer or anything like that.
Secondly, I have some younger friends who come to
me asking for sex advice. Just to let you all know, I
do not influence or encourage underage sex at all.
I wanted to let them know the facts, and I was unclear
on facts. I had heard a lot of different things from different
people and I wanted straight answers. I googled.
This site came up. I asked.
I appreciate the people who did answser my questions.
I want to let you all know that I tell everyone; peers and
younger, not to have sex at an early age and to wait until
they're ready. It's emotionally unstable and really not a
good way to live your teenage years.
Lastly, I want to again point out that I am not out to get
anyone. When I was 14 was my life and I choose to keep
it private. I didn't break up with anyone and am trying to
get back at them.
Information is all I asked for. I figured a descriptive cause
wasn't necessary. But, now I hope I cleared things up for
everyone who was curious.