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

Asked over 2 years ago - Anaheim, CA

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

Attorney answers (2)

  1. Michael Charles Schwerin

    Contributor Level 17

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    Answered . 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... more
  2. Alec Scott Rose

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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

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