Sacramento, CA asked in Criminal Law, Federal Crimes and Juvenile Law for California

Q: Can I date my gf after I turn 18?

I'm 17 and gonna be 18 in December. Me and my gf started dating in September. She's currently 17 and gonna be 18 in July. We are in a long distance relationship so no sexual physical activity will be happening. Would it be okay for us to continue our relationship after I turn 18?

1 Lawyer Answer
Jeffrey  Wood
Jeffrey Wood
  • Criminal Law Lawyer
  • Rocklin, CA
  • Licensed in California

A: There is no prohibition to continuing in a non-sexual relationship with your girlfriend. However, if you intend to engage in a sexual relationship, that may be an issue. California Penal Code section 261.5 says it is a crime to have sex if one party is over 18, while the other is 17 or under. The law considers a person under 18 to not have the ability to 'consent' to a sexual relationship. If you do engage in a sexual relationship, given your ages, you would only be charged with a misdemeanor, if charged at all.

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