Many people assume that any relationship between an adult and a minor is automatically a crime. In California, you are free to date whoever you want, regardless of the age gap. Therefore, dating a minor is not a crime. However, being in a relationship with a person under eighteen years old carries many risks of violating California laws. Giving alcohol to a child or contributing to their delinquency can land you in legal trouble.

Furthermore, minors cannot legally consent to sexual acts. Therefore, any sexual encounter with a child can result in an arrest and severe criminal charges. These acts can include lewd conduct, sharing child pornography, and sexual intercourse, among others.

Even if you think you're in a real relationship with the child, don't break the law. If you face charges for a sex crime against a minor, you will need the guidance of a trustworthy attorney who specializes in sex crime defense.

Dating a Minor Without Sexual Activity

California law does not prohibit dating a minor as long as no sexual contact occurs. “Dating” could mean:

  • Going out together
  • Communicating affection
  • Forming an emotional relationship

However, problems arise when a relationship between a minor and an adult becomes sexual. Also, you could face an arrest or charges if your behavior involves grooming, exploitation, or inappropriate touching.

Parents of minors have a say in their child’s relationships. If a parent or guardian believes that an adult is attempting to influence their child, they can report the situation to authorities. Even without sexual contact, an adult could face accusations of:

Child Endangerment (PC 273a)

Child endangerment occurs when you willfully place a child in a situation where they may suffer physical pain or mental suffering. This can include acts like:

  • Leaving a child unattended in a car
  • Exposing the child to drugs
  • Using excessive discipline
  • The law does not require actual injury.

The penalties you will face after a conviction for endangering a child will depend on the likelihood of serious bodily harm. Misdemeanor charges can lead to up to one year in jail. A felony conviction for this offense can result in a prison term of up to six years.

Contributing to the Delinquency of a Minor

California Penal Code 272 makes it a crime for any adult to cause, encourage, or assist a minor in becoming habitually disobedient. Examples include:

  • Giving a minor an illegal drug
  • Encouraging truancy
  • Involving a minor in criminal activity

The goal of this statute is to protect children from harmful influence. If you are in a relationship with a child, encouraging them to run away from home, skip school, or take illegal drugs can result in charges for this offense. Contributing to the delinquency of a minor is a misdemeanor punishable by up to one year in county jail.

Providing Alcohol to a Minor

Under California Business and Professions Code 25658, it is illegal for any person to sell, furnish, or give alcoholic beverages to someone under 21. The law applies to licensed establishments and private individuals. Acts like hosting parties where minors take alcohol can result in arrest and criminal charges. If the child suffers an injury from taking the drugs, you can face harsher criminal penalties.

In addition to violating California law, the perception of a relationship between an adult and minor can lead to social and professional consequences.

The Age of Consent in California

The age of consent is the legal age at which a person can legally agree to sexual activity. In California, the age of consent is 18 years old. It means that anyone under 18 cannot legally consent to sex. If you are in a relationship with a child, any sexual act with them will result in criminal charges. You cannot argue that the child consented to the act.

California law assumes that minors lack the maturity and judgment to make informed decisions. Therefore, they may not understand the nature and consequences of the sexual acts. Both heterosexual and same-sex relationships are subject to the same age of consent rules. Understanding this distinction is critical for avoiding criminal charges.

Sexual Relationships with Minors

Dating a minor is not generally an offense. However, if you engage in a sexual act with a child, you could face charges for the following crimes:

Lewd Acts with a Minor (Penal Code 288 PC)

Under California Penal Code 288, it is a felony to touch a child under 14 in a sexual manner. It includes any act done with the intent to arouse or satisfy sexual desires. You could face an arrest and charges under this statute even when you are in a dating relationship with the minor. Before you face a conviction for lewd acts with a minor, the prosecution must prove the following elements:

  • You willfully touched the child.
  • The child was under the age of 14.
  • You touched the child with the intent to engage in sexual activity
  • You acted with the intent to arouse or gratify yourself or the child.

The court does not require evidence of sexual intercourse to find you liable under this statute. A conviction for violating PC 288 can result in the following penalties:

  • A prison sentence of 3, 6, or 8 years
  • Life imprisonment if you use threats or force to accomplish the act
  • Mandatory sex offender registration under Penal Code 290

Annoying or Molesting a Child (Penal Code 647.6 PC)

Under California Penal Code 647.6 PC, it is unlawful to behave in a sexually motivated way toward a child under 18. The statute law is conduct that may not involve touching but still shows sexual interest. These acts can include sending offensive messages or making explicit comments to the child. The elements of PC 647.6 include:

  • You acted offensively towards the child.
  • Your conduct was motivated by sexual intent.
  • A reasonable child would be disturbed or offended by the act.

You can be arrested and convicted under this statute even when there was no physical contact between you and the minor.

The court will charge you with a misdemeanor for annoying or molesting a child. After a conviction, you can face up to one year in jail with fines not exceeding $5,000. If you have a prior sex crime conviction, the prosecution can file felony charges against you. In this case, you could face imprisonment and mandatory sex offender registration.

Child Pornography (Penal Code 311 PC)

California Penal Code 311 makes it illegal to create, distribute, possess, or view sexual images or videos of minors. Any explicit photo of a person under 18 is considered child pornography. If you are dating a minor and they send you a sexual image of themselves, you can face arrest and charges under this statute. To secure a conviction, the prosecution must prove these elements:

  • You knowingly possessed, shared, or produced the material
  • The material shows a minor in sexual acts or poses
  • You knew or should have known the subject was under 18.
  • You acted with the intent to arouse or gratify your sexual desires

The penalties of a conviction for violating PC 311 include:

  • Up to 8 years in state prison for a felony
  • Mandatory sex offender registration
  • Fines up to $2,500 per image

Lewdness in the Presence of a Child (Penal Code 273g PC)

Under Penal Code 273g, it is illegal to act lewdly or indecently in front of a child under 14. The law aims to protect minors from exposure to sexual conduct. The offense can occur even if no physical contact happens. If you are dating a minor, you must be careful not to engage in lewdness in the child's presence. To secure your conviction for the offense, the prosecution must prove that:

  • You willfully acted in a lewd or indecent way
  • The conduct occurred in the presence of a minor under the age of 14
  • Your behavior was offensive or harmful to the child’s morals
  • You knew or should have known of the child's presence

A violation of PC 273(g) is a misdemeanor punishable by:

  • Up to 1 year in county jail and a $1,000 fine.
  • Probation
  • Mandatory counselling

You could face harsher penalties if you are a repeat offender.

Statutory Rape (Penal Code 261.5 PC)

Statutory rape happens when an adult has sexual intercourse with someone under 18. Under California law, minors cannot consent to any sexual act. The statute applies even in cases where you are dating the minor. The law aims to protect minors from sexual exploitation by older individuals. The court can find you guilty of statutory care if it can establish the following elements:

  • You willfully engaged in sexual intercourse.
  • You engaged in the act with a person under 18 years old.
  • You were not married to the called victim.

Statutory rape is a wobbler. It means that the prosecution can file felony or misdemeanor charges against you. The age gap between you and the minor with whom you engaged in sexual intercourse can dictate the nature of the charges. If the age gap is less than three years, you will face misdemeanor charges. A misdemeanor conviction for statutory trial is punishable by up to one year in jail.

If the age gap is over three years or you used force to engage in the act, you can face felony charges. As a felony, a violation of PC 261.5 is punishable by 16 months, 2 years, or 3 years in prison.

Collateral Consequences of a Sex Crime Conviction Involving a Minor in California

If you are dating a minor, engaging in a sexual act with them can result in severe criminal charges. A conviction for a sex crime involving a minor carries severe legal penalties. However, the punishment does not end with incarceration or fines.

The conviction may result in a permanent criminal record that can have lasting consequences for your life. The following are some collateral consequences you could face for engaging in sexual acts with a minor, even when you are in a dating relationship:

Mandatory Sex Offender Registration

A conviction for a sex crime involving a minor results in a mandatory sex offender registration under Penal Code 290. This means you will provide your personal information to the local law enforcement department. The length of registration depends on the specific crime you committed. Some people register for ten years, others for twenty, and some for life.

The sex offender registry is a public record under California law. It means that individuals who perform a background check on you can find it and use it against you. Failing to register or update your details when you relocate is a criminal offense. Being on the registry can bring stigma and social judgment. Additionally, it can impact your relationships, job prospects, and housing options.

Loss of Employment

Most employers conduct a background check on potential employees before extending a job offer. Since a criminal conviction is public record, it can appear on the background check. Such convictions can make it challenging to obtain and keep meaningful employment. Employers may worry about the safety of other workers, which causes them to reject your application. For some jobs, a sex crime conviction can result in the loss of your current job.

Loss of Professional Licenses

Most people in California are required to hold licenses to practice. They include teachers, nurses, doctors, and childcare workers. Licensing boards monitor the professionals closely. Therefore, a sex crime conviction involving minors can result in disciplinary action and the loss of your license. After a license suspension or revocation, returning to work to rebuild your career can become challenging.

Restrictions on Housing and Residency

After release from custody, finding a decent place to live can be challenging for an individual with a record for a sex crime. California law limits where registered sex offenders can reside. Many cities prohibit them from living near schools, parks, and playgrounds. The rule is stringent for crimes involving minors. Most landlords may refuse to rent to individuals with a criminal record.

They do this in an attempt to ensure the safety of other tenants. Due to these limitations, there are few safe or legal places to reside. This can cause you to end up homeless because you cannot meet housing restrictions. If you are dating a minor, you should be careful not to violate California law on sex crimes involving children.

Loss of Child Custody and Visitation Rights

A conviction for a sex crime involving a minor can affect a person’s parental rights. California family courts treat these cases very seriously. The family court often ensures the best interests of a child in a custody case. Therefore, a judge can deny you custody or visitation for your child if you are in a sexual relationship with a minor.

The loss of custody can significantly affect your family and can cause permanent emotional trauma. It can also slow your recovery and relationships.

Immigration and Travel Consequences

For non-citizens, having sexual contact with a minor can seriously adversely affect immigration. Even dating a minor could lead to being convicted and put in jail. Under U.S. immigration law, a sex crime against a minor is treated as an aggravated felony.

A conviction in this case can result in the loss of your visa, green card, or permanent resident status. This could result in deportation or inadmissibility to the United States. Deportation involves permanent removal from the country, while inadmissibility means you cannot return if you leave.

Romeo and Juliet Exceptions

Some states have “Romeo and Juliet” laws. These laws protect teenagers who are close in age and involved in consensual relationships from facing harsh criminal penalties. However, California does not have a specific “Romeo and Juliet” law. However, prosecutors and judges use discretion when handling cases involving minors.

If the parties involved in the relationship are under 18, the case can be handled in juvenile court. In such cases, prosecutors may decide not to file serious charges. This can occur

if they believe both teenagers are close in age and there was no coercion or manipulation. For example, when a sixteen-year-old dates a fifteen-year-old, sexual encounters may be treated less harshly than when a 20-year-old dates a 16-year-old.

When a relationship involves an adult and a minor, the adult will automatically face criminal charges. Intentions or emotional connection do not matter under California law. Even if both claim to be in love or in a committed relationship, consent laws still apply. Because of these strict rules, you should proceed carefully if you are in a relationship that crosses the legal age line.

Find a Competent Criminal Defense Lawyer Near Me

In California, it is not a crime to go out with a minor or have an emotional connection. However, such relationships can easily cross the line and become illegal. Engaging in sexual contact or explicit communication with a child under 18 can lead to serious criminal charges.

California’s strict age of consent laws aim to protect young people from manipulation and exploitation. Even close-in-age relationships can lead to prosecution if one partner is a legal adult. Common offenses for which you could be charged for engaging in sexual acts with a child include lewd conduct with a minor, statutory rape, and child pornography. A conviction for these offenses can result in severe legal and collateral consequences.

Therefore, if you are in a relationship with a child, you must proceed cautiously. If you face criminal charges for a sex crime involving a child, you will need expert legal insight. At Los Angeles Criminal Attorney, we provide top-notch legal guidance to clients facing criminal charges in Los Angeles, CA. Call us at 424-333-0943 to discuss your case.