[CA] What are the implications of dating a minor?
Can a 25-year-old date a 17-year-old in California without cause for concern?
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Merely dating a 17-year-old is not a crime. However, any sexual activity with someone under 18 can lead to criminal charges.
In California the age of consent is 18. To be guilty under Penal Code §261.5, the prosecution must prove beyond a reasonable doubt that:
- you had sexual intercourse with another person; and
- the other person was not your spouse; and
- the other person was under 18.
Under §261.5 there is also an offense that applies when the minor is within three years of the defendant’s age. To convict under §§261.5(a)–(b), the prosecution must prove:
- sexual intercourse occurred; and
- the other person was not your spouse; and
- the other person was not yet 18; and
- the other person was not more than three years younger than you.
So: you can date her, but no sex until she is 18. If there is sexual contact while she is under 18, statutory rape charges are possible.
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Can a 25-year-old date a 17-year-old in California without cause for concern?
Lexi, Chatbot
I understand your concern. Are you asking about the legality of a romantic relationship between a 25-year-old and a 17-year-old in California?
Is it legal to date?
Lexi, Chatbot
Are you looking for information on the age-of-consent laws in California?
No — just dating.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with dating.
No.
Ray
Hi, and welcome to AskaLawyer — Ray here.
Hi.
Ray
Merely dating a 17-year-old is not a crime. However, any sexual activity with someone under 18 can lead to criminal charges.
In California the age of consent is 18. To be guilty under Penal Code §261.5, the prosecution must prove beyond a reasonable doubt that:
- you had sexual intercourse with another person; and
- the other person was not your spouse; and
- the other person was under 18.
Under §261.5 there is also an offense that applies when the minor is within three years of the defendant’s age. To convict under §§261.5(a)–(b), the prosecution must prove:
- sexual intercourse occurred; and
- the other person was not your spouse; and
- the other person was not yet 18; and
- the other person was not more than three years younger than you.
So: you can date her, but no sex until she is 18. If there is sexual contact while she is under 18, statutory rape charges are possible.
Ray
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