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Is it illegal for a 30 year old to "make out" with a 17 (almost 18) year old in California?

San Francisco, CA |

If you can, please give a "normal" answer and not just some long winded "lawyerly" one.

I was debating this with my friend, and I want to know whose right. I say it is. He says it isn't.

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Attorney answers 3

Best Answer
Posted

Short (normal) answer: Yes. It is absolutely illegal.

Lawyerly answer: Yes. It is absolutely illegal. In fact, you will even get on the sexual offender's registry. If a 30 year old was to make out with a 17 year old, he would likely be charged with the misdemeanor known as "annoying a minor," which is codified in P.C 647.6 (a)(1). This section reads: " (1) Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment." The State of California defines "annoying or molesting" as "making out" or kissing.

So yes, it is illegal. And it will land you on the sex offender websites as a blue dot. So unless you want to go around to all your neighbors introducing yourself saying "Hi, I am your new neighbor. I am a sex offender, but don't worry, I only make out with 17, almost 18 year olds," you are probably better off just waiting until she (or he) is 18...Doesn't make it less creepy, but at least in the eyes of the law, she'll be legal.

Asker

Posted

That's what I figured. Thank you for the information. I really appreciate it. I also didn't mean to offend any of you by asking for non-"lawyerly" answer.

Brent Thomas Gleason

Brent Thomas Gleason

Posted

I didn't take offense to it. I understand that many lawyers can be longwinded and use legalese when it's not really called for...Many lawyers are working to change that and make it simpler for normies to understand the law. Understand, however, that the attorneys on this site are seeking to fully answer the legal questions, and sometimes a full answer requires more than just a simple "yes," or "no." But no worries, I didn't take offense.

Posted

First off, it doesn't make sense to post a question to a we site for lawyers and not want a "lawyerly" answer. That being said,

Your definition of make out is completely lacking. Without any sexual inter course, penetration or oral copulation, it is not illegal for a thirty year old to kiss a minor. BUT, there is a crime in California call "harassing a minor" which can be used to punish the exact type of fact pattern to which you are referring. This is a relatively broad criminal statute that was designed to be a catch-all for all offenses between older and younger persons that did not cross the threshold into sexual relations.

Asker

Posted

By "making out," I meant kissing and feeling each other up. That kind of thing. No penetration or oral sex, and not even touching each other's private areas (I don't think that would be okay). What do you mean by "harassing a minor"?

Chris J Feasel

Chris J Feasel

Posted

Exactly what your doing. Date someone your own age.

Gilberto Benito Vega

Gilberto Benito Vega

Posted

You are doing exactly what we are saying. Take the free legal advice from the attorneys and stop what you are doing immediately. At the least, wait until she is 18.

Asker

Posted

I wasn't dating anyone under 18.

Chris J Feasel

Chris J Feasel

Posted

Right, you were doing worse - making out and groping.

Asker

Posted

I wasn't doing that either. Do you always falsely accuse people of things just for asking questions?

Chris J Feasel

Chris J Feasel

Posted

You posted the question. If you and your friend are doing creepy "research," don't waste our time. This site is for people who have actual legal problems, not fantasy ones.

Posted

You are not going to get the best answers if in the first sentence of your question you insult the people who volunteer their time to offer help on this site. Lucky you you got two good answers anyway.

Brent Thomas Gleason

Brent Thomas Gleason

Posted

Marvin said hello, and that he will get in touch soon to catch up!

Asker

Posted

I apologize. I didn't mean to insult anyone; that wasn't my intention.