By LawInspectsIn the simplest words possible, NO, it is not illegal for a 17-year-old to date an 18-year-old, but in case some sexual activities are involved, then this becomes illegal, especially in the states where the age of consent is set at a minimum of 18 years of age. Let’s get to know a little more about this.
Is Dating Itself Illegal?
What? Nah! Dating is not illegal. You could text each other, hang out, or go to the movies together, even if one is 17 and the other is 18. The law only intervenes when sexual activity is implicated within the relationship, that’s all!
What Is the Age of Consent?
Normally, the age at which a person is legally permitted to agree to sexual intercourse is called “age of consent.” In the United States, the ages vary, with most states setting the age of consent at either 16, 17, or 18 years. In California, as a matter of fact, the age of consent is: 18. That means that anyone under 18 cannot legally agree to have sex-with there being no exception, even if the person under 18 says he or she consents.
That means if an 18-year-old and a 17-year-old have sex in California, the act is illegal. It matters not if the two say the act was consensual. It is considered to be statutory rape in the eyes of the law, and yes, it is serious.
How Strict Is California?
There’s a strict set of laws in place in California. Unlike some states where a close-in-age rule might provide for some latitude, California has none. It does not matter if the age difference is one year or less; when sexual activity is involved, one may find themselves facing prosecution.
Depending upon the circumstances, the older person in the relationship may be charged with either a misdemeanor or a felony, both of which carry substantial penalties.
What Could Happen If You Get Reported?
Well, let’s say you’re a bit open about such a relationship and some people know about it already, and they go on to report this relationship of yours, then of course, the older person in the relationship might face:
- Jail time
- Heavy fines
- Possible registration as a sex offender
Being on that registry could have effects ranging from educational opportunities to jobs. And even if both parties were okay with the relationship, the case might go to court.
Is There Any Legal Defense?
Sure, sometimes yes. If the older person can establish that he or she truly did not know the younger individual was underage and such knowledge is backed by solid proof, that can be a defense. But it is not easy to prove that in court. Emotional reasons, such as “We were in love” or “He said it was okay,” simply do not hold up in California.
Here’s The Final Thing
What is more important is to really understand the risks associated with being under 18 in a relationship with an adult. The laws can sound strict, like, the consequences are there; nevertheless, had you just not known about these laws.
It is important for one to know what is permissible in the state of one’s residence before anything happens. It’s less of a matter of authenticity and more about the actual legality of things.