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    kepi's Avatar
    kepi Posts: 321, Reputation: 25
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    #1

    Jan 2, 2009, 03:18 PM
    Oral sex between minor and adult [CALIFORNIA]
    I have a question.

    I recently became aware that a 17-year-old fiend of mine engaged in oral copulation with an 18-year-old.

    More specifically, 17 years & four months and 18 years & 6 months.

    According to a chart I found, it's not mandated to be reported, but my question is, should it be reported, what are the possible consequences (if this was reported) for the 18-year-old?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 2, 2009, 03:36 PM
    Quote Originally Posted by kepi View Post
    I have a question.

    I recently became aware that a 17-year-old fiend of mine engaged in oral copulation with an 18-year-old.

    More specifically, 17 years & four months and 18 years & 6 months.

    According to a chart I found, it's not mandated to be reported, but my question is, should it be reported, what are the possible consequences (if this was reported) for the 18-year-old?


    It's sex with a minor whether it's oral or not.

    I understand this applies: "Under current law, a person convicted of a sex offense for the first time may be sentenced for up to 12 years, depending on the specific offense. However, as with most other felonies, offenders may earn credit toward a reduction of time served by participating in rehabilitation programs. The "Three Strikes and You're Out" law provides longer prison sentences for new offenses committed by persons previously convicted of a violent or serious offense. In addition, persons convicted of violent offenses must serve at least 85 percent of their sentence before they can be released (most other offenders must serve at least 50 percent of their sentence). "

    Of course, the male would also carry sex offender status when he is released.
    hjpan's Avatar
    hjpan Posts: 902, Reputation: 29
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    #3

    Jan 2, 2009, 06:54 PM

    Penal code 288a
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 2, 2009, 08:30 PM
    Quote Originally Posted by hjpan View Post
    Penal code 288a


    Please post content and a site - posting the section of the Penal Code is not helpful nor does it answer the question.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jan 3, 2009, 07:05 AM
    Hello kepi:

    Below is 288a. I don't see anything that says what you propose is illegal. I even read further than simply 288a, and couldn't find ANYTHING that says what happened here is a crime.

    “288. (a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.”

    Personally, it's my belief that 17 year olds have sex, and that a 17 year old giving a blow job to an 18 year old is business as usual and NOT a crime.

    My question is, what's YOUR interest?? Why do you want to screw this 18 year old over?? Look. I HATE pedophiles... But, THIS 18 year old AIN'T one!!

    excon
    cornedbeef's Avatar
    cornedbeef Posts: 152, Reputation: 4
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    #6

    Jan 3, 2009, 07:22 AM

    Totally agree with excon. What are your intensions against this kid.
    17 and 18 is not too young in this day and age.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jan 3, 2009, 07:43 AM
    Quote Originally Posted by excon View Post
    Hello kepi:

    Below is 288a. I don't see anything that says what you propose is illegal. I even read further than simply 288a, and couldn't find ANYTHING that says what happened here is a crime.

    “288. (a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.”

    Personally, it's my belief that 17 year olds have sex, and that a 17 year old giving a blow job to an 18 year old is business as usual and NOT a crime.

    My question is, what's YOUR interest???? Why do you want to screw this 18 year old over???? Look. I HATE pedophiles.... But, THIS 18 year old AIN'T one!!!

    excon


    As far as personal belief - I agree with you. Also have no idea why the OP wants to "snitch" or what his/her interest in this is.

    BUT - answering the legal question: " Depending on the circumstances, a felony conviction under this violation may require mandatory sexual offender registration for life. Complete Section - California Penal Code Section 288a "Partial clip of the law" (b)... any person who participates in an act of oral copulation with another person who is under [I]18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year."
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Jan 3, 2009, 07:54 AM
    Hello Judy:

    I missed that part. Good on you.

    excon
    kepi's Avatar
    kepi Posts: 321, Reputation: 25
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    #9

    Jan 3, 2009, 05:11 PM

    Oh, I have no intention of "snitch"ing. I just know that the parents of the younger wouldn't approve. It was just curiousity.

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