Q: I am 17 and my boyfriend is 22 and we've never had sexual intercourse , only digital penetration , can he be charged ?
I'm in california , we've referred to the digital penetration as sex , I just wanted to know if that can still cause him to be charged with statutory rape , and if so is there anything that can lessen the consequences ?
A:
Cal. Penal Code § 289 provides: "(h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year."
It is not "statutory rape" but it is prohibited under a different statute and called "sexual penetration."
You might want to discuss with a Criminal Defense Attorney.
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