Northridge, CA asked in Sexual Harassment for California

Q: If my partner is 16 and I’m 18,19, is sexual contact, without penetration of any body part, legal in California.

If both recipients are willing or “consenting”.

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: You aren't "18,19", you are one or the other. Regardless of which age you are, you are an adult.

Your partner cannot "consent". Your partner isn't old enough to legally give "consent" because she is a child and doesn't fully understand the consequences of her conduct.

To be guilty of statutory rape, Penal Code 261.5, requires that:

1. the defendant had sexual intercourse with another person (any amount of penetration, regardless of how slight, constitutes sexual intercourse...even if there is no ejaculation ),

2. the persons involved in the act were not married to each other, and

3. the alleged victim was under eighteen (18) years old at the time of the offense.

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=261.5.&lawCode=PEN

Other crimes might also be committed based upon your intended conduct. This is not an exhaustive list.

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: PS:

Oral Copulation On A Minor (§288a(a) and (b)(1)) occurs whenever a person copulates the mouth of another person “with the sexual organ or anus” of another if at least one person involved is a minor.

codes.findlaw.com/ca/penal-code/pen-sect-288a.html

§288a(a) allows prosecutors to charge you with a Felony or a Misdemeanor, depending on the facts of your case.

Bruce Alexander Minnick agrees with this answer

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