Is it illegal for an adult to date a minor if there is no sexual activity involved? 12 Answers as of July 13, 2011

Ok, if I am dating a 15 yr. old and I am going to turn 18, is it possible for the parents of the 15 yr. old girlfriend to file statutory rape on myself with no evidence, only because they do not want me to date their daughter? They say that they will press charges on me, but what could they convict me for if we are not having sex or any type of sexual activity?

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
No, you cannot be convicted if you are not having sexual activity with your girlfriend under Penal Code 261.5 in California.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
It is definitely not illegal for a an eighteen year old to take a fifteen year old to the movies, etc. They cannot file any charge against you. The fifteen year old could lie about it, though. I have done (and won) that trial. It seems that this is more of an issue between the fifteen year old and her parents. That said, if they force her/convince her/coerce her to trump up a charge against you involving nearly any sexual activity, however slight, as in a trial I did in the 1990's,you will probably end up regretting bothering with her. She may be great company, but you had better be sure. She is a minor and her parents exert a strong influence in her life. Granted,you are still only seventeen years old yourself (sex between the two of you is actually still illegal), and you are sincerely interested in her, are you interested enough to wait three years until it is legal for the two of you to have sexual contact? Be careful.
Answer Applies to: California
Replied: 7/6/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No, it is not illegal to socialize with a minor if there is no sexual activity although you can expose yourself to such an accusation to say nothing of the temptation. In addition, as parents your girlfriend's parents have some say in what activities they permit their daughter to participate in. All in all it is a risky proposition. Being charged with a criminal offense is not a fun thing whether you are ultimately convicted or not.
Answer Applies to: California
Replied: 7/5/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The girl is a minor and as such her parents are responsible for her. At her age Her parents can control where she goes and who she sees. Under the.facts you gave a DA would not file charges. However, her parents could get a restraining order to keep you apart. Sent from my Verizon Wireless Phone
Answer Applies to: California
Replied: 7/5/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
No, you have not committed a crime if there's no sex. You can talk to and be friends with whomever you like.
Answer Applies to: California
Replied: 7/5/2011
    VSL & Associates
    VSL & Associates | Valerie Lopez
    Given the fact that her parents don't like you, you should re-evaluate your relationship and try and work towards gaining their trust and understanding. This would probably make your relationship easier. As to what you could be charged with the first thing that pops up in my mind is: PC647 Annoying a minor (requires sex registration) and which does not require sexual activity.
    Answer Applies to: California
    Replied: 7/5/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Date that minor, risk arrest. The parents could allege anything they dream up, and you would be facing arrest and legal problems, whether you claim innocence or not. You have been warned by them. Ignore it at your peril.
    Answer Applies to: California
    Replied: 7/5/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    If you're not having sex or any type of sexual activity, they can't convict you of anything.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    The California crime of "Unlawful Sexual Intercourse" which was formerly known as Statutory Rape can be used to prosecute an adult for having such relations with a minor (someone under 18 in California). Of course, proof that that DID happen must be provided for conviction. Mere dating is not enough. However, all that may be required in some Counties is statements or evidence that the adult and minor have been intimate for the D.A. to file the charges, or even the urging of minor's concerned parents. Thus, it may be a good idea not to tempt fate by continuing "dating" and risking the minor or her parent's exaggeration, that might lead to Felony charges. If same is filed then get an experienced Criminal Defense Attorney to help you right away.
    Answer Applies to: California
    Replied: 7/5/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    To be clear, even kissing is a sexual act and a violation on section 288(c) While this is rarely prosecuted in these situation, it can be and if convicted you would be required to register as a sex offender for the rest of your life. I strongly recommend you get good legal advise and think about this very carefully.
    Answer Applies to: California
    Replied: 7/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    It does not matter whether you are an adult or a minor. If you , even as a minor, have sex with a minor, male or female, you can be in a lot of trouble. Technically, if you were to kiss the minor female with the intent of sexually arousing her, you have committed a crime. See generally Penal Code section 288 and the subparts thereof. If convicted of certain sex crimes, you can be required to register as a sex offender for the rest of your life. You might want to rethink continuing this relationship. If she becomes upset with you.....
    Answer Applies to: California
    Replied: 7/5/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It doesn't matter what is actually happening. Why put yourself in this kind of situation where in the end, it could be your words against theirs (especially if the relationship turns sour)? No one person is worth a potential life sentence!
    Answer Applies to: California
    Replied: 7/5/2011
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