QUESTION
If 18 year old male continues to pursue 15 year old daughter, what can we do legally?
Asked on Jun 28th, 2013 on Criminal Law - California
More details to this question:
A couple of months ago, my wife and I discovered that our 15 year old daughter was dating an 18 year old male from her high school. She was a freshman, he was a senior. We objected to the relationship purely due to the age issue and demanded they not date. We told our daughter to not call, text, or even speak to the 18 year old. Likewise, his parents told him the same. And, a step further, that same night I intercepted a text from him to my daughter. We took her phone from her, in which I told him directly, and very firmly to make no contact with my daughter in any way. So here's the problem, my daughter came to us tonight and said they started communicating again over the past 2 weeks. Only this time, he's pursuing her and she's no longer interested. He calls her, texts her, and even showed up at her summer job. He hasn't threatened her in anyway, but he does guilt her saying that he doesn't know what he'd do without her (implying he'd hurt himself). I want to nip this in the bud, so I'm going to call him tomorrow, as well as his parents. But, I want to know what my legal options are? Is there an illegal act going on here? Can I file a Restraining Order? Also, what constitutes 'sexual activity' in California? Is it only intercourse? Kissing? Suggestive texting (sexting)? Please help. Concerned Dad
2 ANSWERS
Report the activity to the police. Depending on the action between the couple the 17 year old could be in violation of California Penal Code Section 647.6 Child Molestation Or California Penal Code Section 261.5 Statutory Rape. PC 647.6 (a)(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. 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (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 in the state prison for one year 4 months, two years, or three years.
Answered on Jul 02nd, 2013 at 8:45 PM
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You would have to request a restraining order and your daughter would have to agree that the contact is unwanted. Sex is intercourse or other sexual acts.
Answered on Jun 28th, 2013 at 4:28 PM