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Would we be punished in the state of California?

Tagged as: Big Questions, Sex<< Previous question   Next question >>
Question - (4 November 2007) 2 Answers - (Newest, 6 November 2007)
A female United States age 30-35, anonymous writes:

im curious as to what would happen if two minors (17 and 17) were having sex and were to get caught, what would be the punishment in the state of california.

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A male reader, anonymous, writes (6 November 2007):

nope.

the law specifically allows for a 3 year exception. see section b of the law...

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.

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A male reader, rcn United States +, writes (4 November 2007):

rcn agony auntCalifornia Statute: § 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.

I'm confused as if you can get into trouble or not. By statute, it is unlawful, but in finding a California Court of Appeals case, they rules the age of consent for sex to be 16, and rules 18 was a bit out there for consent to sex.

If you're interested in finding out more. There are attorneys that will take phone calls, and answer quick questions. I'd call one and find out what they say about the issue. So my answer for you is yes and no. Find the truth, call an attorney.

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