What is the law in California for underage consensual sex? 12 Answers as of May 10, 2011

Is it legal for a 16-year-old girl in a relationship with an 18-year-old guy to have sex with each other? Are there any possibilities it is legal?

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It is illegal in the State of California for anyone, male or female, to have sex with anyone, male or female under the age of 18. The punishment for violation varies depending on the age difference. For more info or a fee quote, call.
Answer Applies to: California
Replied: 5/10/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
It is a criminal violation.
Answer Applies to: California
Replied: 5/9/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Minors cant have consensual sex. Does the term statutory rape sound familiar? That is the felony charge the 18 year old faces.
Answer Applies to: California
Replied: 5/5/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Legal only if married. Such activity can potentially be charged in a number of ways. Most are not pleasant for the male. Potential best disposition would be a stat rape as a misdemeanor and no requirement to register as a sex offender.
Answer Applies to: California
Replied: 5/5/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
No, typically it would not be legal. We in CA have drawn the line at 18 as the age necessary to consent. One possible exception would be if the courts have declared the 16 year old to be emancipated from her parents.
Answer Applies to: California
Replied: 5/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Consensual sex between a 18 year old & a 16 year old is not treated the same as if the man was 26. This would not be parachuted as a statutory rape.
    Answer Applies to: California
    Replied: 5/5/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    It is not legal for anyone to have sex with a minor (a person under 18 years of age) in the State of California. This is true even if the persons are "in a relationship" or not.It is also illegal even if the minor wants to have sex, and has "consented" to it, since a minor does not have the power to consent in California. Having said that, however, it has been my experience that all is not lost, and many times, I have been able to work out a disposition that includes counseling, and/or community service etc. rather than jail time, when I am able to show a continuing relationship between the persons, the minor is not being taken advantage of, and the minor is not a great deal younger than the adult. See an experienced attorney to find out what your prospects are, and how to best achieve good results.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    It is illegal in California for anyone under the age of 18 to engage in sexual relations of any kind with anyone else, no matter the age.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    There are no circumstances under which it is legal.
    Answer Applies to: California
    Replied: 5/4/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Only if married. It is a serious felony If he is 3 years older but can still be a problem. Tell him to find an 18 year old or older.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Sex, even consensual, with someone under eighteen years of age is illegal in California, unless you are married to that person. See Penal Code section 261.5.
    Answer Applies to: California
    Replied: 5/4/2011
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