QUESTION
Would he get sent to jail if his probation officer or the cops find out that he got me pregnant?
Asked on May 19th, 2013 on Criminal Law - California
More details to this question:
I'm 16 (I turn 17 in 2 months) and my boyfriend is 18. He is currently on probation for theft. We had sex, I agreed to, and I got pregnant. My parents are NOT pressing charges against him.
4 ANSWERS
The age of consent in New Mexico is 16, so it was not illegal for him to have consensual intercourse with you.
Answered on May 21st, 2013 at 11:54 PM
STATUTORY RAPE is defined in California Penal Code Section 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. Any misdemeanor will violate a person's probation. If reported, that person would have a probation violation hearing to determine what will happen to him.
Answered on May 21st, 2013 at 11:28 AM
Litigation Attorney serving Charleston, SC
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Consensual sexual conduct with one at least 16 years of age is not a crime in South Carolina.
Answered on May 21st, 2013 at 11:28 AM
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If he was 18 at the time of the intercourse, a criminal complaint could be filed for statutory rape, a misdemeanor. However, many prosecutorial reluctant to file such charges or to use them as a basis for a probation violation. Your boyfriend should seek counsel immediately.
Answered on May 21st, 2013 at 11:27 AM