Is it legal for a 15 year old and an 18 year old to engage in a sexual relationship?

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Is it legal for a 15 year old and an 18 year old to engage in a sexual relationship?

I know the consent ages requirements, but I’m unclear about if the it applies in this case.

Asked on May 14, 2009 under Criminal Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Under CA Penal Code Sections 260-269, an adult, who is someone at least age 18, 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 then thousand dollars ($10,000) 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.  A minor is a person under tha age of 18 years. Further, 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.  So yes, it applies in this case.



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