Can I date a 23 year old if I'm 15 in California? 7 Answers as of September 25, 2012

So I've been dating the 23 year old for about 7 months. We love each other and want to be together but he's scared to end up in jail and I've researched on the internet that there is no law on dating. My mom has no problem with us dating or seeing each other. Can I get to talk to him and tell him that there is no law on dating me? Can we get married in California?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Even though there is no law that says a fifteen year old cannot date a twenty three year old, there are laws on what they can do together. If the two of you go to third base or beyond the man could be charged with statutory rape. In order to convict him of statutory rape under California Penal Code 261.5, the prosecutor must prove 1. That a male and female engaged in an act of sexual intercourse (any amount of penetration, regardless of how slight, constitutes sexual intercourse...even if there is no ejaculation), 2. That the persons involved in the act were not married to each other at the time (the fact that the minor is married to another or was formerly married does not excuse liability for this offense), and 3. That the alleged victim was under 18 at the time of the offense. When the defendant is 21 or older and the alleged victim is under 16, he faces either a misdemeanor or a felony. Misdemeanor penalties under California statutory rape law include: Informal probation, a maximum one-year county jail sentence, and up to $1,000 in fines. Felony penalties for statutory rape include: Probation (either informal or formal), between 16 months and four years in the California State Prison, and up to $10,000 in fines.
Answer Applies to: California
Replied: 9/25/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If dating is just movies, dinner, the att show, OK. However, anything sexual frrom kissing to intercourse poses a different and serious situation. You cannot legally consent.
Answer Applies to: California
Replied: 9/25/2012
Attorney at Law | Michael P. Vollandt
There may be no law about dating but there is for unlawful intercourse with a minor that is 15. In fact your Mother could also be considered to be engaging in child endangerment if she condones you having a sexual relationship with the adult.
Answer Applies to: California
Replied: 9/25/2012
Steven Alpers | Steven Alpers
You cannot get married until you are at least 16 and get your parents agreement. You can date but you cannot have sexual relations with him or he can go to jail or prison.
Answer Applies to: California
Replied: 9/21/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Date? Yes, if your parents are foolish enough to allow it and risk criminal charges of child neglect and child endangerment. Sex in any form will get your boyfriend arrested for statutory rape and sex offenses. Legal marriage is at 18.
Answer Applies to: California
Replied: 9/25/2012
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    It is a crime to have sex with anyone under 18. Dating is not a crime.
    Answer Applies to: California
    Replied: 9/21/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    So long as "Dating" is not a euphemism for something else, he should be legal. However, if "dating" means the sexual arousal of the 23 year old then he would be exposing himself to serious legal difficulty. A 15 year old can not consent to sexual activity. A conviction for having sex with a minor can lead to becoming a sexual registrant for life. Now, if the two of you want to date by going to movies, dinner, or dancing, then have some fun. If the dinner is with wine you might have an issue, and if the dancing gets past ballroom style you might draw some attention. So long as your 23 year old boy friend does nothing overtly sexual he should not be violating the law. Now, while a 15 can get married in CA, why the rush. If it is just to have sex legally, that might be a poor reason to enter into a lifetime contract.
    Answer Applies to: California
    Replied: 9/21/2012
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