Can an 18 year old date a 16 year old in California without facing criminal charges? (PC 261.5)

The answer is that so long as the couple do not engage in sexual intercourse or oral copulation then they will likely not be prosecuted. However, if they do have intercourse then the 18 year old can be prosecuted for a violation of Penal Code Section 261.5. If the two have oral copulation then there can be a prosecution for oral copulation with a minor. (PC 288a). Most of the prosecutions in these type of cases occur when the parents of the 16 year old discover the sexual relationship and they complain to the local police department. When the police are notified they must conduct an investigation and turn the matter over the the District Attorneys office.

These are serious sex offenses that can lead to serious punishment and a criminal record. If you find yourself accused of a sex offense contact Wallin and Klarich at 888-749-0034. Thanks.