If a male 40 year old has sexual intercourse and oral sex with a 17 year old. What is the statue of limitation for these crimes

Parents of female conseted to relationship. The charges of of 261.5 (C) do they have a toll to them

Norwalk, CA -

Attorney Answers (3)

Gilberto Benito Vega

Gilberto Benito Vega

Criminal Defense Attorney - Sacramento, CA
Answered

First off, and I'm surprised your not aware that this makes no difference, the fact that the parents consent is immaterial. The age of consent in California is 18 for sexual activity.

In terms of delay of file, once the felony is discovered, or should have been discovered in XA, the DA has three years from the date of the arrest to file charges against you. All crimes have a tolling effect which would activate if you fled the jurisdiction of the state. I would contact an attorney immediately, if only to start preparing your defense and gathering evidence which you may be able to use to your defense. Good luck.

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John M. Kaman

John M. Kaman

Criminal Defense Attorney - San Francisco, CA
Answered

Even if parental consent did make a difference (which as my colleagues points out it does not), I can't believe that any pair of people who were not sick in their heads would consent to their 17 year old giving a 40 year old man a bj. The DA has 3 years to nail you.

Michael Douglas Shafer

Michael Douglas Shafer

Criminal Defense Attorney - Norco, CA
Answered

3 years upon discovery.

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