A Santa Ana sex crimes defense can be required even if the person you were involved with was consenting. Under this statute, a person can be convicted of unlawful sexual intercourse β even if the sex was consensual β if one half of the pair is a minor under the age of 18 who is not the spouse of the other.
That means technically, an year-old having sex with a year-old could be prosecuted. In that case, it would be considered a misdemeanor. Usually though, prosecutors will opt to press charges under certain subsections of this law. The severity of the crime and punishment depends on the age of the defendant versus the age of the alleged victim. So, for a person who is more than three years older than their minor sexual partner can be found guilty of either a misdemeanor or a felony, depending on the discretion of the prosecutor.
If, however, the person is over the age of 21 and they engage in sexual intercourse with someone younger than 16, it is considered even harsher, but could still be prosecuted as a misdemeanor or a felony, depending on what the prosecutor decides.
Aside from the fact that one might consider this morally egregious, no one is alleging that these encounters were forced upon the teen. In all, prosecutors are alleging the pair had sex six different times between July and December of In fact, it was not the teen who reported the relationship to authorities.
Upon her arrest, she told investigators that she was in love with the teen. Contact Us for a Free Consultation. Contact Us.
