[zoeybear]

I worked in law enforcement for many years. The 3 year rule is not true. It only effects whether the crime is charged as a misdemeanor or a felony (it does not make it legal) I was not commenting on the age difference. My husband is 13 years older than me. The difference is that we are talking about a 16 year old child. She may think she is in love, she may not have been held down and forced, but a 16 year old girl can not "consent" because she does not have the legal capacity to do so. There is a reason that a limit has to be set. If 16 is OK... is 15 OK... is 14 OK, where is the line? As a society we have decided it is 18.




California Penal Code 261.5 (the statutory rape law) makes it illegal to have non-marital sex with a minor under three circumstances:

1. If the minor is less than three years younger than the defendant, the offense is a misdemeanor.

2. If the minor is more than three years younger than the defendant, the statutory rape offense may be charged as a misdemeanor or a felony, and punishment can be up to three years state prison.

3. If the defendant is 21 or over and the minor 16 or younger, the statutory rape offense may be charged as a misdemeanor or a felony, and punishment can be up to four years state prison.