In California, except for a few restrictions relating to real and personal property, a minor may also make valid legal contracts.A minor may also consent to medical treatment if he or she is: at least 15 years of age, living apart from parents, and managing his or her own personal finances.
Other states imply a different method which, like the federal statute, takes into account the relative ages of both people.
Separate crimes exist for sodomy with minors and sexual intercourse between a child under age 14 who's attacker was at least seven years older. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare.
Here are some examples of scenarios that can lead to charges under California's statutory rape statute: To make matters worse, statutory rape..other sex crimes that people allege out of jealousy, anger, revenge, or misunderstanding..frequently charged against innocent people.
False accusations and wrongful arrests lead to a large number of bogus California statutory rape prosecutions.
If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe..can include up to four (4) years in California state prison!
Having an attorney who specializes in defending against California sex crimes is the key to safeguarding your rights..to protecting your future.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
The following chart provides a quick summary of California's legal age laws.
Note: State laws are constantly changing -- contact a California family law attorney or conduct your own legal research to verify the state law(s) you are researching.