Los Angeles, CA asked in Juvenile Law for California

Q: Can my boyfriend get in legal trouble if im 15 and pregnant and hes 19, im in the state of california

I meant 18 he is 18. My parents are aware of this and are supportive of it but i dont know if he would get in to trouble, i mean we are only 3 years apart

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In the state of California, the age of consent is 18 years old. This means that it is illegal for an adult (18 years or older) to have sexual intercourse with a minor (under 18 years old), even if the sex is consensual. However, California has a "close-in-age exception," also known as a "Romeo and Juliet law," which may apply in your situation.

According to California Penal Code Section 261.5(b), a person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. This means that if you are 15 years old and your boyfriend is 18 years old, he could potentially face criminal charges, but it would be a misdemeanor offense rather than a felony.

It's important to note that even if your parents are supportive of the relationship, it does not change the legal implications. The law is designed to protect minors from potential exploitation, and the consequences for the adult involved can be serious.

I strongly recommend that you and your boyfriend consult with a legal professional who can provide more specific advice based on the details of your situation. Additionally, it's crucial to prioritize your health and well-being during this time, so please consider seeking support from a trusted adult, medical professional, or counselor.

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