Do California’s underage sex age laws have an exception for married foreigners?
http://nghomes.com/wp-content/plugins/slideshow-gallery/views/default/js/gallery.js We don’t have too much money to spare, but my husband-to-be has family in San Francisco who have said if we pay for the flights they will put us up in in their "Granny flat" for 3 weeks for our honeymoon.
By the time we get there, we will be legally married according the laws of Northern Ireland. Because of the timing, my passport will still have my maiden name on it (it will just take far too long to get it changed before we fly) but we will have our wedding certificate.
Obviously, as newlyweds, we’ll be spending a lot of time doing what newlyweds do, but according to the California Penal code, this is illegal. It comes under "carnal abuse of children".
Reading into it, the fact our age difference is only a year (I’m 17, he’s 18) means it is a "misdemeanor" – as opposed to a "felony" if the age difference was 3 years, nevertheless, it would make him a criminal.
Since we will be a legally married couple, albeit from another country, would there be an exception here – or do we need to find another place to go?
3 Responses
flika
30 Jan 2010
Floyd
30 Jan 2010
No matter what the law says, I’d be shocked if SFPD did anything about this. They’re pretty much the coolest big city police force in the country, it’s a very permissive place. If I had to guess, I’d say there’s an exception for married couples, but even if there isn’t, I wouldn’t worry about it. Someone would have to report you to the cops, and who’s going to do that?
umop ǝpısdn
30 Jan 2010
Yes. There is an exception
CALIFORNIA PENAL CODE SECTION 261
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.
So go on, go to Calif and shag each other til you are both too sore to continue. You won’t be breaking any laws.
The two of you will be a legally married couple and you will have a document, (your marriage certificate,) to prove it.
As long as you come into the country legally, you’ll have no problems in the state of California, or anywhere else for that matter.
Also, in the state of California, a person under the age of 18 who is in a valid marriage is considered an, "emancipated minor," and for the most part considered an adult. For specifics refer to the link.
http://lawdigest.uslegal.com/minors/emancipation-of-minor/648/