California laws on minors dating adults - Pennsylvania Sheriffs Association
California laws on minors dating adults - If you are a middle-aged man looking to have a good time dating woman half your age, this article is for you. Join the. If you engage in consensual sexual intercourse with a minor it is considered Under California law, a minor under the age of 18 cannot legally consent to. The law deems that anyone who is a minor (under the age of 18), be charged for this type of "crime" long after the supposed date that it actually occurred. was a minor, the other partner, an adult (over eighteen years old in California).
But until we can incorporate the facts and fundamentals of teen-related California Sex Crime Law into our student's Sexual Education classes, where we can ensure the broad spectrum of our youth will absolutely be informed; it is our duty as parents and educators to do so. We want to save our teens and young adults from mandatory prison sentencing, mandatory lifetime sex offender registration, possible "aversion" therapy, possible lifetime mandatory GPS tracking, and any and all other punishments that were originally created and meant for violent and predatory sex offenses, primarily against children.
Please join us by reading the materials here, sharing with friends, family, co-workers, neighbors, and signing our petition! We need to make the California Romeo and Juliet Law a reality, for the sake of all our young people!
Lewd And Lascivious Conduct - the Differences Under California law, there are two separate categories that one may be charged in with regard to Romeo and Juliet scenarios.
The second is the far more serious of the two, "Lewd and Lascivious Conduct". These are the two main categories from which other charges such as "Oral Copulation" or "Sexual Battery" may stem.
Although the general subject matter is similar, the distinct definitions, circumstances, and consequences are vastly different. Unlawful Sex With A Minor charges are the less serious of the two. The basic definition involves an act of engaging in sexual intercourse with a person below the legal age of consent, but above the age of a child usually determined to be 14 years of age. In legal terms, this is what is known as a "wobbler", and largely depends on the age of the minor involved as to how it will be charged.
With a minor not more than 3 years older or 3 years younger than the accused: With a minor more than 3 years younger: When the accused is 21 years of age and minor is 16 years of age or younger: The three requirements to prove this are: General appearance or attire of "victim" leading one to believe they were older. Where the accused met the "victim" as in an adult venue, such as an 18 and over club, or at an adult party.
However, these requirements, in many cases, are hard to prove. Lewd and Lascivious Conduct charges are by far the more serious of the two. Lewd and Lascivious Conduct involves touching a minor anywhere on the body even on the outside of the clothing "with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of either party".
Each independent act each touch to different parts of the body, whether they are sexual parts or not is counted as an "act", or a "count". This means that even if there were only one occasion, or one "incident", several "acts" could be charged. Sexual Intercourse is not required to be charged under this law. A Lewd and Lascivious charge is always a Felony charge. Mandatory Lifetime Sex Offender Registration.
Mistaken belief in the minor's age is NOT a defense to this charge. Although the exact definition of this law varies from state to state, in California, Lewd and Lascivious Conduct can be comprised of many different charges. Only 12 states set a specific age ranging from 16 to 18while in the majority of states, the age of consent depends on multiple factors, including the ages of each partner and the number of years between them.
- Statutory Rape: The Age of Consent
- My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
The purpose behind most statutory rape laws is to punish grown adults who take sexual advantage of a minor. The following are just a few examples of Romeo and Juliet laws currently in place in the United States: In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if their partner is less than 4 years older than them.
In the District of Columbia, it is illegal to engage in sexual intercourse with someone who is under the age of 16 the age of consent if the defendant is 4 or more years older than the victim. According to Louisiana law, it is a misdemeanor for someone aged 17 to 19 to have consensual sex with someone aged 15 to 17 if the difference between their ages is more than two years. California law declares it a misdemeanor to have sex with someone younger than 18 if the offender is less than three years older; someone more than three years older could be charged with a felony.
Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor.
California Age of Consent & Statutory Rape Laws
However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors.
All states have special provisions if any physical force was used or serious physical injury resulted. Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male.
Today, most laws are gender neutral, and a number of women in authority positions such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart have been prosecuted for engaging in sexual relationships with younger males.
Does the Punishment Fit the Crime? While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth. One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl.
Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released. Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision.
The laws are designed to protect young people who have less information and power than their and-over counterparts.
For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant. Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child.
And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. But not all parties agree on how strict the laws should be.