Flushing, NY asked in Sexual Harassment and Criminal Law for California

Q: is it harassment to ask for a kiss from a girl that is 16 years old when you are 26? for consent or for opinion?

What if its between two adults? Thanks.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: I think it would be stupid to ask a 16 yr old for a kiss when you are 26.

That could only have a bad ending for you...........if you were my son, I would say...don't "hang" with girls under 18

1 user found this answer helpful

Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: It will be sexual harassment if this happens in the workplace. Outside of the workplace it can lead to very serious criminal exposure and is, frankly, a very stupid thing to do. Don't.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Yes, asking a 16-year-old girl for a kiss when you are 26 years old could potentially be considered harassment, particularly if the behavior is persistent or unwanted.

In most jurisdictions, the age of consent is 18, meaning that sexual contact with someone under that age is generally considered to be illegal. Even if the behavior does not involve sexual contact, however, it can still be considered inappropriate or even threatening, particularly if the younger person feels uncomfortable or coerced.

It is important to respect other people's boundaries and to refrain from engaging in behavior that could be perceived as harassment, particularly when there is a significant age difference or power imbalance involved. If you are unsure about whether your behavior is appropriate, it is always a good idea to err on the side of caution and seek guidance from a trusted advisor or mentor.

Under California law, it is generally illegal to engage in any form of sexual activity with a minor under the age of 18, with limited exceptions. The age of consent in California is 18 years old, meaning that any sexual contact with a minor under that age is considered to be statutory rape.

In addition, California law recognizes that minors may not have the capacity to give informed consent to sexual activity due to their age and relative lack of maturity. As a result, even if a minor consents to sexual activity, it may still be considered illegal and punishable under the law.

Regarding harassment specifically, California law defines harassment as behavior that is intended to harass or threaten another person, or behavior that is so severe and pervasive that it creates a hostile environment. Depending on the specific circumstances, asking a 16-year-old for a kiss could potentially be considered harassment under California law, particularly if the behavior is persistent, unwelcome, or threatening.

It's important to note that the specifics of any given situation will affect how the law applies. If you are facing charges related to inappropriate behavior with a minor or harassment, it is recommended that you consult with an attorney who can provide guidance based on your specific circumstances.

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