Full question:
What are the laws on dating a minor in California?
- Category: Minors
- Date:
- State: California
Answer:
In California, the laws regarding dating a minor are primarily outlined in Penal Code Section 261.5. A minor is defined as a person under eighteen years of age, while an adult is someone at least eighteen years old.
Engaging in unlawful sexual intercourse with a minor can lead to serious legal consequences:
- If the minor is not more than three years older or younger than the adult, it is a misdemeanor.
- If the minor is more than three years younger than the adult, it can be charged as either a misdemeanor or a felony, with potential imprisonment in county jail for up to one year or in state prison.
- Adults aged twenty-one or older who engage in sexual intercourse with a minor under sixteen years old face either a misdemeanor or felony charge, with imprisonment ranging from one year up to four years in state prison.
Additionally, civil penalties may apply:
- Up to two thousand dollars for unlawful sexual intercourse with a minor less than two years younger than the adult.
- Up to five thousand dollars for a minor at least two years younger.
- Up to ten thousand dollars for a minor at least three years younger.
- Up to twenty-five thousand dollars for an adult over twenty-one engaging with a minor under sixteen.
These penalties are enforced by the district attorney, and the funds collected are used for underage pregnancy prevention programs.
Consent is also a crucial factor in these cases. Under Section 261.6, consent must be given freely and voluntarily. A previous relationship does not imply consent, and simply suggesting the use of birth control does not constitute consent either.
Furthermore, Section 266 prohibits enticing or procuring any unmarried female under eighteen for prostitution, which can lead to imprisonment or fines.
Lastly, Section 269 addresses aggravated sexual assault against children under fourteen, which carries severe penalties, including imprisonment for fifteen years to life.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.