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What is age of consent, what does it mean, what does it apply to, and what is the age for California?

2007-09-19 04:17:49 · 7 answers · asked by Joseph R 2 in Politics & Government Law & Ethics

7 answers

PENAL CODE
SECTION 261-269

261.5. (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.

For the purposes of this section, a "minor" is a person
under the age of 18 years and an "adult" is a person
who is at least 18 years of age. (Age of Consent)

(b) Any 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.

(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
(d) Any person over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.

261.6. In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, "consent" shall be defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under Section 261, 262, 286, 288a, or 289.
Nothing in this section shall affect the admissibility of evidence or the burden of proof on the issue of consent.

261.7. In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.

2007-09-19 04:37:44 · answer #1 · answered by KC V ™ 7 · 1 0

Depending on the state, the age ranges from 14-18 and is when you can legally consent to sex. Keep in mind that some states do not have a statutory rape clause in the statutes. Believe CA, the age is 18. I'm in Indiana, the age is 16 and no statutory rape clause, is considered child molestation under the age of 16. KVC soundly reported the Penal Code, But is that the CA, code or another state. Hope he contacts me by email to let me know.

2007-09-19 04:30:06 · answer #2 · answered by Anonymous · 0 0

KC listed it best. The AOC for California is 18. You can read the laws for yourself at the site listed below.

2007-09-20 04:25:54 · answer #3 · answered by Spugsy 2 · 0 0

18 is the legal age

2007-09-19 04:26:16 · answer #4 · answered by krispiemeow 3 · 0 1

well my moms best friend was twin daughter was 14 and dating a 37 year old guy and when she found out she was seeing him she was 16 and married when she found out her daughter was at a motel the paents took her out of there and press charges but the cops told them there is nothing they could do she is married and thias was in lowell mass you can ask city hall good luck

2007-09-19 04:29:10 · answer #5 · answered by Effie 2 · 0 0

It's the age at which the law considers it okay for you to agree to have sex.

2007-09-19 04:26:12 · answer #6 · answered by Anonymous · 0 0

the age to be able to not get statutory rape charges for having sex with a minor, and idk, look it up, u obviously have google, or yahoo.

2007-09-19 04:25:51 · answer #7 · answered by a nono mous 2 · 0 1

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