Palo Alto, CA asked in Criminal Law for California

Q: What activities counts as illegal when dating a 16 year old as an 18 year old.

Is kissing a form of sexual contact? And is it illegal to do so and how severe is it when it comes to the California law?

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2 Lawyer Answers

A: You are asking what you can get away with until you are guilty of rape. child molesting and alike. Perhaps JA and his AI generated responses can provide you guidance.

James L. Arrasmith
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Answered

A: When dating a 16-year-old as an 18-year-old in California, certain activities can be considered illegal. California law sets the age of consent at 18, meaning any sexual activities with someone younger can lead to legal consequences. Even actions that might seem harmless, like kissing, are viewed as forms of sexual contact and can fall under these regulations.

Kissing a minor can be classified as unlawful sexual conduct, depending on the circumstances. However, California has provisions known as "Romeo and Juliet" laws that may apply if the age difference is small, such as the two-year gap in your situation. These laws are designed to prevent severe penalties for consensual relationships where both parties are close in age.

The severity of the offense can vary based on specific factors, including the nature of the relationship and any prior incidents. While a minor penalty might be possible under certain conditions, it's important to understand the legal risks involved. Consulting with a legal professional can provide clarity and help you navigate the complexities of California’s laws in your particular case.

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