Can he still go to jail or get pressed charges?

Under California law, it is illegal for anyone under age 18 to have sex. Even if both the boy and girl are both under age 18, if they have sex, they can both be charged with sex crimes. If an older person has sex with a younger person, depending on the age difference, the older person can be charged as a sexual predator and be forced to be on sexual predator registries for life. If you are dating an older teenage man, you are setting the stage for his life being permanently ruined. Don't do it to him or to yourself. Your parents have an obligation to keep you from any situation that may lead to you having sex before you are 18. A couple of handy rules are to date only people your same age and grade in school and to wait till you are in college to have any sex. And then, only do so after you have a good contraception (birth control) plan in place and working.