Can two 16 yr olds have sex in california?

Me and my girl friend want to have sexual relations but we are that her mom will try to charge me for rape we are both 16 and i am 3 months and 13 days older than she is. Can i get in trouble if we have sexual relations?

Paradise, CA -

Attorney Answers (3)

Tai Christopher Bogan

Tai Christopher Bogan

Criminal Defense Attorney - Modesto, CA
Answered

You could possibly be charged with unlawful sex with a minor under Penal Code 261.5, but so could she. Would that happen? Who knows. But considering you are from Paradise, that would not surprise me. Rural counties tend to be more harsh than others.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
Answered

If you are mature enough to make a responsible decision about sex, you are mature enough to know that getting yourself and your girlfriend drawn into the State justice system and charged with crimes pertaining to sexual misconduct is a terrible idea. Most rational people recognize that 2 willing 16-year olds who engage in mutually consensual sex is not the crime of the century. But if there is a parent on the scene who can be predicted to make all of the potential trouble that can be made, then the evaluation changes radically.

Getting criminally charged will change your life, plain and simple. Either of you getting charged will change your life and your girlfriend's, too. It will cause the end of your relationship and can result in one or both of you being removed from your home(s) or being geographically re-located by family determined to act prohibitively. You are in over your head here with the forces of authority.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
Harry Edward Hudson Jr

Harry Edward Hudson Jr

Criminal Defense Attorney - Stockton, CA
Answered

As both of you are under the age of LEGAL CONSENT [18] neither of you can consent to have sex. Both of you would be committing a crime. Unfortunately, it is almost always the guy who gets the criminal charge, I said almost always, not always. DA could potentially charge both of you.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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