Minor and Relationships

Question Details: if a sexual intercourse was done with a 22 partner when i was underage (16), is it still against the law if both of us are now legal?

Asked 9/24/2009 under Criminal Defense | 129 View(s) | More Legal Topics

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Criminal Defense Law Answers

Under California law, if the perpetrator is over 21 and the victim is 16 or older, the offense is a "wobbler"; this means that, depending on the circumstances, it can be charged as either a misdemeanor or a felony.

The time in which charges can be filed is known as the "statute of limitations".  In the case of misdemeanor statutory rape, the statute of limitations is 1 year from the occurrence; in the case of felony statutory rape, the statute of limitations is 3 years.

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