If my girlfriend is 17 and turns 18 in 3 months but I’m 27, is our having sex legal?

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If my girlfriend is 17 and turns 18 in 3 months but I’m 27, is our having sex legal?

Asked on September 30, 2014 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Not under the California Statutory Rape laws.  Under that law your having sex with her would be a crime even if consensual or initiated by your girlfriend.  If you do and charges are pressed (and they can be by her parents or a DA) and you are convicted then you would be required to register as a sex offender and that would really ruin your life.  Think twice here. 


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