by Nathan Natas 15 Replies latest members politics
Earnest, you're once again cherry picking the extremely convenient scenario to pass it off as unimportant rather than what happens when a state lurches extremely to the left.
Still waiting for an explanation why the bill has the only criteria as "minor" and a 10-year limit, which could mean an 8 year old and an 18 year old.
Stop carrying water for pedos.
Simon, I addressed your false assumption regarding minors under 14 and your puerile insults in the thread where you first made them, here, and here. You may also note the post by pale emperor on this thread links to a fact-check on the subject which verifies what I have written far more eloquently than I have done.
As for cherry-picking, I was trying to explain in a way anyone could understand why a law was necessary in the first place. If you cannot understand that no wonder you have to resort to insults.
So, if I get this right, in California, kids under 18 cannot give concent, even between each other. Its either a misdemeanor or a felony.
Before the change: Judge could go either way for vaginal sex up to a 10 years difference. However, for oral and anal sex, it was automatic felony. Also automatic felony for anything 13 and under.
After the change: Judge could go either way for vaginal, anal and oral sex up to a 10 years difference. However, anything 13 and under is automatic felony.
This means that a 24 year old that had sex with a 14 year old could get simple misdemenor depending on the judge. On the other hand, a 14 year old having sex with a 13 year old would automatically be guilty of a felony!
I think Canada does it better:
At 12 and 13, the age difference is 2 years. 12 year old can have sex with a 14 year old.
At 14 and 15, the age difference is 5 years. 14 year old can have sex with a 19 year old.
At 16 and 17, its basically left to the judge to determine if it was "exploitative".
https://www.justice.gc.ca/eng/rp-pr/other-autre/clp/faq.html
Stephane, that's more or less about it with a few qualifiers.
StephaneLaliberte : in California, kids under 18 cannot give consent, even between each other. Its either a misdemeanor or a felony.
Kids under 18 cannot give consent , even between each other (unless they are married), but I'm not sufficiently familiar with Californian Law as it applies to juveniles to know whether it would still be classified as a misdemeanour or felony.
Before the change [to the Sex Offenders Registration Act]
In the case of vaginal sex : If there is not more than a three year difference it is a misdemeanour without prison, otherwise it is either a misdemeanour or a felony with prison. If the victim is under 14 then it is automatically a felony with prison..
The ten year difference only applies to registration as a sex offender. It has no bearing on the type or length of sentence.
In the case of vaginal sex, the perpetrator is not required to register if the victim is over 13, and there is no more than a ten year age difference, and there is only one victim. The judge has discretion to impose registration. If the victim is under 14 then registration is mandatory.
In the case of oral or anal sex :If the victim is under 14, or the perpetrator is over 21 and the victim is under 16, then it is a felony. There is a prison sentence regardless of the age of the victim or the age difference.
Registration as a sex offender is mandatory..
After the change [to the Sex Offenders Registration Act]
Nothing changes regarding the classification as misdemeanour or felony, or to the sentencing whether it involves vaginal, anal, or oral sex.
As regards registration as a sex offender, the perpetrator of oral or anal sex will no longer be required to register if the victim is over 13, and there is no more than a ten year age difference, and there is only one victim. The judge will have discretion..
In all cases registration as a sex offender is mandatory if the victim is under 14..
To consider the example you give :
If a 24 year old had vaginal sex with a 14 year old it would be either a misdemeanour or a felony and there would be a prison sentence. The 24 year old would also be liable to a civil penalty not to exceed $25,000.
If a 24 year old had oral or anal sex with a 14 year old it would be a felony with a prison sentence.
A 14 year old having any form of sex with a 13 year old would be guilty of a felony if he were an adult, but from what I can see that would only apply to children over the age of 15. In this case I'm not quite sure of the law but I think he would go to juvenile court.
good old Nathan Natas, ripping off other people's posts just to make himself look good ....so sad..
Stephane, I can be more specific about the example of a 14 year old having sex with a 13 year old.
First of all, discretionary sex offender registration does not apply to juvenile adjudications as it does to offenses committed by adult offenders.
In People v Ranscht, 173 Cal.App.4th 1369 (2009) a seventeen year old was charged with lewd conduct with a child under fourteen and convicted of sexual penetration of a minor. The trial was heard in court and he was sentenced to probation.
In People v J.P. 170 Cal.App.4th 1292 a twelve year old was charged with lewd conduct with a child under fourteen (his seven year old sister) and oral copulation (both his sister and five year old brother). He was convicted in a juvenile court of oral copulation with a minor, removed from his parent's custody and sentenced to probation..
In both cases there was mandatory lifetime registration as a sex offender when they were released from probation, which was reversed on appeal.
So, any sexual act with a child under fourteen is a felony regardless of the age of the perpetrator.
