My boyfriend is 16. I'm 17. We're both virgins and he's been casually hinting that he and I should have sex. Whenever we hear about our friends having sex, he asks me " How come we can't do that?" I love my boyfriend and I'm ready to have sex with him. I've gone to planned parenthood, talked to my doctor, and I know how to use contraceptives. I am also aware how to use a condom. The only thing is I'm scared to have sex with him because I feel like I'm commiting a felony. I turn 18 in a month and a half. My boyfriend is still going to be 16. We live in California, and in CA I think the age of consent is 18. SO my question is: would it be illegal for my boyfriend and I to have sex? If it is illegal, shouldn't I wait two years for him?
2007-01-24 12:30:22 · 5 answers · asked by Lynn T 1 in Politics & Government ➔ Law & Ethics
OK, get prepared for some truly strange law. In California, the crime of "unlawful sexual intercourse" (what used to be called "statutory rape") can be committed ONLY by an adult. So, if you had sex now, it would not violate THAT statute, but if you have sex after you are 18 it will. Since you are not 3 years older, it will be a misdemeanor. (Penal Code sec. 261.5, subd. (b).)
However, it is unlawful for anybody to have oral sex with a person under 18. So if you do that now, or anytime before he is 18, it could be charged as a felony. (Penal Code section 288a, subd. (b)(1).) (Apparently the rule is that while you are both minors you can have sex, but you cannot have good sex.)
Is it likely that you would get prosecuted for this? No. Is it impossible? No (though such prosecutions usually happen because of outraged parents). But, bottom line, if you are having any qualms about having sex, don't do it.
2007-01-25 07:54:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You stated you are ready and that you are not 18 yet. I would go for it NOW. If he is hinting around and wanting it, and you're not the one to do it, yes someone else will, maybe even an 18 yr old. It's cool that you would wait 2 years for him. I sincerely doubt that he will, he is ready too.
2007-01-25 04:58:55 · answer #2 · answered by C C 1 · 0⤊ 0⤋
Technically, it will be illegal after you turn 18 and you would have to wait for him to reach the age of consent before having sexual relations with him. If you are having reservations about it, then don't do it. There is no unwritten law which says you should have sex if for some reason you don't want to, no matter what the guys would like you to believe. If you want to wait, then wait. Don't allow yourself to be pressured into something you obviously don't want to do. If he cares that much about you and isn't worried only about himself, he will respect your wishes.
2007-01-24 21:23:59 · answer #3 · answered by Slimsmom 6 · 0⤊ 1⤋
Actually, it isn't legal. You should wait until he turns 18. It doesn't matter that you are 17 right now either, you BOTH would be guilty of a lessor offense.
2007-01-24 21:27:55 · answer #4 · answered by cyanne2ak 7 · 0⤊ 0⤋
Wow, you must be the first person to research this subject to this degree. I hope he doesn't give up on you and get it from somebody else.
2007-01-24 22:28:46 · answer #5 · answered by IGOTDAGIFT 2 · 0⤊ 0⤋