CHP Q&A

I was just wondering, becuase I've seen this happen alot...

If an underage girl has a person over 18's child, does the adult father get arrested and charged for statutory rape??

or do they just leave it alone because it's lowlevel crime or there's a baby involved??

does anybody know the law concerning this scenario???

thanks and I appreciate it!

Here's the law:

PC§ 261.5. Unlawful Sexual Intercourse

(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.

(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.

As for how this law is enforced, please ask MTN Deputy on the Sheriff's site. The CHP doesn’t normally handle these types of cases.