with parental permmit if so whats the minimum age...
2007-02-08 16:59:29 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes. There are certain cultures in which underage marriage is accepted. I know this because I worked on a legal case in which a 20 year old male was married to a 16 year old girl. They got married in a traditional way via their culture, but it wasn't accepted by the state of Minnesota. Minnesota charged the male with sexual misconduct, among other charges. Although all parents consented to the marriage, the state was still prosecuting the case. The couple took a trip to Cali, got married, and Minnesota had to drop the case.
And no, I'm not going to say what culture this is because I believe it will cause too many judgmental and hater comments.
2007-02-08 17:16:34 · answer #1 · answered by Lisa S 3 · 2⤊ 0⤋
John B is right as far as he goes, but he may have missed something. In order to marry, minors must be able to consumate the marriage. I can find no law on this, but this may mean that the minors must be able to legally, rather than physically, engage in sexual relations. Legal ability is easy to determine--I doubt that the courts would really want to get into testing physical ability. Still, it is possible that physical ability is meant, but if it is legal ability, then there are more restrictions.
Married people can have sexual relationships even though they are minors without violating PC section 261.5 (unlawful sexual intercourse). (Oddly enough, oral sex with somebody under 18 is illegal even if the people are married! PC 288a.) However, sexual relations with anybody under the age of 14 is illegal (PC 288, subd. (a)), and sexual relations with anybody who is 14 or 15 is illegal if the other person is at least 10 years older (PC 288, subd. (c)(1)). There are no exceptions to these provisions for married minors.
It MAY be (again, there does not appear to be any law) that even with parental permission a person under 14 cannot marry anybody, and that a person who is 14 or 15 cannot marry anybody 10 years or more older. Even if they can marry, it appears that sexual relations would still be a crime until the proper age limits are reached.
California sex laws are truly strange.
2007-02-09 14:12:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Under the California Family Code Section 302,if one or both of the parties are under the age of 18, with the parents' consent, there is no minimum age; however, there are other legal restrictions that have to be complied with. This includes Section 353, which requires that before a license can be issued, both parties must be capable ot consenting to and consummating the marriage , and a permission signed by the court must be filed with the clerk.
2007-02-09 01:15:36 · answer #3 · answered by JOHN B 6 · 3⤊ 0⤋
Probably 16, but I'd never sign for my 16 yr old to do that! A kid of that age isn't ready for all the responsibility that marriage takes.
2007-02-09 01:10:09 · answer #4 · answered by kiwi 7 · 0⤊ 2⤋
I believe its 16 years of age.
2007-02-09 01:08:39 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Minors cannot be married validly even with parental consent because it is not allowed under the Civil Laws.
2007-02-09 01:02:18 · answer #6 · answered by FRAGINAL, JTM 7 · 1⤊ 3⤋