QUESTION

My bf is 18 im 15 my mom is alowing us to date but someone else wants to call the cops how do we keep him from jail?

Asked on May 20th, 2012 on Criminal Law - California
More details to this question:
I'm 15 my bf 18 been dating not Lon but I have known him 3 or 4 years now my mom is allowing us to be together. We are very happy together but his sister an friend think wrong of it an is gonna call the cops if he does not leave me. We don't knw what to do but we don't want him to go to jail at all.
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8 ANSWERS

I presume that you are worried about him going to jail for statutory rape. In order to convict your boyfriend of statutory rape under California Penal Code 261.5, the prosecutor must prove at least three facts (otherwise known as "elements of the crime"). These facts include: 1. That a male and female engaged in an act of sexual intercourse (any amount of penetration, regardless of how slight, constitutes sexual intercourse...even if there is no ejaculation), 2. That the persons involved in the act were not married to each other at the time (the fact that the minor is married to another or was formerly married does not excuse liability for this offense), and 3. That the alleged victim was under 18 at the time of the offense. If the prosecution cannot prove all three elements above your boyfriend cannot be convicted of Statutory rape. I assume that it's the first element that will be hard for them to prove. If you and your boyfriend have not had intercourse than you are ok. If you did and there were no witness or you were not pregnant or contacted a STD that can be traced back to him then you should be OK.
Answered on Jun 01st, 2012 at 5:36 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You are a minor, under the control and responsibility of your parents. If you mean your parents allow you to date, ok. If instead you mean living together and/or sexual contact in any form, then the boyfriend risks Felony Statutory Rape and related sex offense charges. Even dating could risk various child molestation and related sex offense charges because of your age. If your parents are allowing a sexual relationship, they could face child abuse / child neglect charges as well. Make your choices accordingly.
Answered on May 30th, 2012 at 4:21 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Tough situation, and I get questions on this often. It is not unlawful to date, but if minors (or one minor and another adult [18 is an adult for this purpose]) engage in sexual relations - even consensual - problems arise. If your mom consents, and you are a willing participant, that is a favorable circumstance. The potential crime here is what is called statutory rape. Agree with it or not, and as archaic and Puritan as it may be, law presumes because of your age you cannot consent. So dating and ordinary displays of affection are acceptable; anything beyond that and your boyfriend is risking a criminal charge. Best advice, as hard as it may be: wait until you are 18.
Answered on May 30th, 2012 at 3:00 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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If you don't want him to go to jail, then breakup. You don't have any legal right to have an 18yo boyfriend. The law isn't going to protect your relationship. Quite the opposite actually. The may sound harsh and I doubt you'll take it seriously, but what your doing is very foolish. If you care about your boyfriend, you'll stop putting him at risk of being prosecuted for statutory rape.
Answered on May 30th, 2012 at 2:52 PM

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Criminal Defense Attorney serving San Leandro, CA
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Dating is not illegal. Unfortunately, under the laws of California, no one under the age of 18 can consent to having sex, or do sexual acts. If you do have sex and the police find out, they could arrest your boyfriend.
Answered on May 30th, 2012 at 1:37 PM

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Professional Licensing Attorney serving San Diego, CA
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If an adult (person at least 18 years of age) has sexual relations with a minor (a person under age 18), the older teenager can be prosecuted for rape. The unintended consequences are severe.
Answered on May 30th, 2012 at 1:29 PM

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Criminal Defense Attorney serving Fullerton, CA at The Law Offices of John W. Bussman
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If you want your boyfriend to stay out of jail, here's the key: Do not do anything with him that you wouldn't do with your brother. The fact is that he's an adult and you're not. Any sort of sexual activity (including oral, etc.) will result in jail time for him, even if your mom consents. Parental consent is not a defense to statutory rape. Your other option is to marry him. If you're married, it's not statutory rape.
Answered on May 30th, 2012 at 1:28 PM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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First, don't have sex. Period. It is illegal and your boyfriend will go to jail no matter what your mother says. A crime is a crime. There are no exceptions. If there's been no sex, on the other hand, then it's not illegal and his sister can't do anything about it.
Answered on May 30th, 2012 at 1:27 PM

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