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Is it illegal to date someone under the age of 18 if your 18?

Anaheim, CA |

Me and this guy are dating but hes already 18 and im under the age of 18 is it illegal?

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Attorney answers 2

Posted

Dating no, sex yes.

Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.

Asker

Posted

Ever with parent consent?

Michael Charles Schwerin

Michael Charles Schwerin

Posted

Statutory rape is statutory rape. Parents cannot change the law by consent. In the state of California, it is illegal to have sexual intercourse with anyone under the age of 18, even if it is consensual. This essentially means that in the eyes of California law, a person under 18 is not capable of consenting to sex.

Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys.

Asker

Posted

can the parents press charges if the male where to leave a "hickie" on the female but was not forced to further "sexual contact" and the female wanted to be with him?

Posted

You have not defined "dating" in your question. It is generally lawful in California for any two people to be friends.
It is not lawful in California for anyone, including another person under age 18, to have sexual intercourse or sexual contact with a person who is under age 18. It is also illegal in California to have certain communications about sexual activity with a person who is under 18, even if no touching, nudity, or sexual conversation ever takes place. Some of these offenses are registrable sex crimes. Sexual contact can potentially include acts that many young people do not consider "sex." For example, kissing or touching outside of clothing, even on non-intimate parts of the body, can be considered sexually stimulating, which is sufficient to violate certain laws, such as Penal Code Sec. 288(c), lewd act with a 14-15 year old.
It is not a defense to these crimes that the minor's parent consented, knew of the contact, approved of the relationship, or that the child was already sexually active.
Separate from the issues of sexual contact, minors in California are generally required to obey reasonable parental decisions, and parents have legal authority to disapprove of contact with friends they deem unsuitable. If you and your friend wish to date, you should have a discussion with both sets of parents, and be clear about their expectations for conduct and boundaries of the relationship.
A good source of information about the legal rights and responsibilities of teens with respect to romance and dating are: Your school's guidance office, your school's health clinic, your local planned parenthood, your own doctor's office, or the public library.

www.alecrose.com

Asker

Posted

So 18 and a 15 year old can't kiss if dating?

Alec Scott Rose

Alec Scott Rose

Posted

It's a fine line. "Just a kiss" is probably legal. Touching that becomes sexually stimulating is probably illegal. Kissing can eventually get that way in some circumstances. As I mentioned above, there is more than one law involved and some of them are very serious. For example, Penal Code Sec 647.6 http://law.onecle.com/california/penal/647.6.html prohibits "annoying or molesting" a person under 18. Intense kissing could be within the legal definition of "annoying or molesting". A conviction of 647.6PC requires sex offender registration, even though it is only a misdemeanor and requires no violence, and doesn't even require physical contact.

Alec Scott Rose

Alec Scott Rose

Posted

It's a fine line. "Just a kiss" is probably legal. Touching that becomes sexually stimulating is probably illegal. Kissing can eventually get that way in some circumstances. As I mentioned above, there is more than one law involved and some of them are very serious. For example, Penal Code Sec 647.6 http://law.onecle.com/california/penal/647.6.html prohibits "annoying or molesting" a person under 18. Intense kissing could be within the legal definition of "annoying or molesting". A conviction of 647.6PC requires sex offender registration, even though it is only a misdemeanor and requires no violence, and doesn't even require physical contact.

Alec Scott Rose

Alec Scott Rose

Posted

It's a fine line. "Just a kiss" is probably legal. Touching that becomes sexually stimulating is probably illegal. Kissing can eventually get that way in some circumstances. As I mentioned above, there is more than one law involved and some of them are very serious. For example, Penal Code Sec 647.6 http://law.onecle.com/california/penal/647.6.html prohibits "annoying or molesting" a person under 18. Intense kissing could be within the legal definition of "annoying or molesting". A conviction of 647.6PC requires sex offender registration, even though it is only a misdemeanor and requires no violence, and doesn't even require physical contact.

Alec Scott Rose

Alec Scott Rose

Posted

It's a fine line. "Just a kiss" is probably legal. Touching that becomes sexually stimulating is probably illegal. Kissing can eventually get that way in some circumstances. As I mentioned above, there is more than one law involved and some of them are very serious. For example, Penal Code Sec 647.6 http://law.onecle.com/california/penal/647.6.html prohibits "annoying or molesting" a person under 18. Intense kissing could be within the legal definition of "annoying or molesting". A conviction of 647.6PC requires sex offender registration, even though it is only a misdemeanor and requires no violence, and doesn't even require physical contact.

Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys.

Asker

Posted

can the parents press charges if the male where to leave a "hickie" on the female but was not forced to further "sexual contact" and the female wanted to be with him?

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