Dating a minor laws in california
A minor, emancipated or not, cannot use consent as a valid legal defense in a statutory rape case.
John chathar movie - Dating a minor laws in california
"The key is that the children involved are not liable, not that the conduct has been legalized," said Gabriel Chin, a criminal law professor at UC Davis School of Law, who analyzed the law upon our request.
Chin added that under the new law "child prostitution is treated just as, say, the production of child pornography is." Adults involved are subject to criminal prosecution, while the children, who are seen as victims, are not, he said.
The law, in fact, includes provisions that officers who encounter these minors shall report the circumstances to the county child welfare agency as abuse or neglect.
It also authorizes officers to take a minor engaged in a commercial sex act into temporary custody under some circumstances, including in the event of immediate physical danger or when medical care is needed. Holly Mitchell of Los Angeles, who authored Senate Bill 1322, responded on Twitter to the mischaracterizations of the law.
It does nothing, however, to legalize commercial sex acts.
People caught having sex with minors, soliciting sex with minors or arranging clients for them can still be charged with crimes.
Engaging in sexual intercourse with a minor constitutes statutory rape, which is punishable by jail time, fines and registration as a sex offender upon conviction.
But what if the minor is emancipated from his/her parents? A minor who is legally emancipated takes responsibility for himself/herself before he/she turns 18, or legally becomes an adult.
Under California Penal Code Section 261.5, a minor, emancipated or not, cannot legally consent to sex.
In the state of California, the age of consent for sex is 18 years of age.
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