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View Diary: Florida teen brought up on CRIMINAL charges for same-sex relationship (238 comments)

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  •  Yes But (15+ / 0-)

    California has NO "close in age"/"distance in age" exception to statutory rape ("unlawful sexual intercourse", in the statutory language).  It is not legal in California to have sex with a person under 18, ever (you have no idea how many young people I've had to tell this to over the years......)  It is statutory rape whenever one of the parties is a minor and the other is age 18 or over.  Period. (CA Penal Code sec. 261.5)  

    The "distance in age" issue you raise has to do with whether the statutory rape is deemed a misdemeanor or a felony.  261.5(a) says that if the age difference is less than 3 years, then it is a misdemeanor punishable by up to 6 months in county jail (plus a statutory fine of a couple of thousand dollars).  Otherwise, it can be charged as a misdemeanor or felony, depending upon other factors and prosecutorial discretion.

    So in other words, an 18 year old hitting it with a 16 or 17 year old in CA is still playing with a potential world of hurt if you get a DA (or really angry parents pushing a DA) who doesn't approve.  A misdemeanor is definitely not a felony, and at least in CA you don't have to register as a sex offender if it's statutory rape, but it's still a criminal conviction and therefore nothing to sneeze at either.

    •  Thanks for the clarification (1+ / 0-)
      Recommended by:
      shanikka

      It's been awhile since I studied the law. The registry seems like the most damaging thing here.

      If you can find money to kill people, you can find money to help people. --Tony Benn

      by rhetoricus on Sun May 19, 2013 at 08:35:53 AM PDT

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    •  Good for California (1+ / 0-)
      Recommended by:
      patbahn
      t is statutory rape whenever one of the parties is a minor and the other is age 18 or over.  Period. (CA Penal Code sec. 261.5)  
      .

      If they enforce this properly the FLDS will never set up shop inside their state.

      LBJ, Lady Bird, Van Cliburn, Ike, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

      by BlackSheep1 on Sun May 19, 2013 at 09:01:12 AM PDT

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    •  I think you meant to say "penile code" (2+ / 0-)
      Recommended by:
      rhetoricus, PSzymeczek

      heh heh, heh heh -

      "When I was an alien, cultures weren't opinions" ~ Kurt Cobain, Territorial Pissings

      by Subterranean on Sun May 19, 2013 at 09:33:58 AM PDT

      [ Parent ]

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