Expert: Michael Troy - 12/19/2006

Question
I am 22 years old, my girlfriend is 17.  I live in a different state and travel to see her (she lives in California).  If her parents have agreed to let her spend time with me, knowing it would be just the 2 of us and we are seen together NOT engaging in sexual activity, am i breaking the law? I'm not kidnapping or committing statutory rape  Am i at any legal risk??

IS there any chance the state can, or would press the issue with different laws?

2.  If we are seen together kissing and in no other way engaging in affectionate behavior of any other type, am i at any risk??

Thanks for your time!

Answer
Hello,

Spending time with a girl with parental approval is permitted.  Any sexual activity is a violation of California law.  You can read the law for yourself here:

http://moraloutrage.net/staticpages/index.php?page=California

I do not consider myself an expert on California law, and you should not consider any advice given in this forum to be considered legal advice.  But from my reading of the statute it appears a as long as there is no touching of any sexual organs by either partner, the laws do not apply.  Kissing does not appear to be banned.  If the parents approve of you being with her, kidnapping laws are not relevant (assuming the girl is also willing to spend time with you).

I hope this helps!

- Mike