Expert: Michael Troy - 12/11/2006

Question
I live in San Diego Ca... but then when he turns 18 I will be 20 a couple weeks later.
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The text above is a follow-up to ...

-----Question-----
I am pregnant. I am 19 but my boyfriend/fiance will not turn 18 till two months before the baby is due in July. Is this going to cause complications? Since he will be 18 when it is born?
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Hello,

Age should not be an issue.  Most States set the age of consent at 16 or 17.  Even where the age is higher, usually the difference in age is also taken into account.  If you let me know what state you live in, I can find the specific law there.

Good Luck with the baby.

- Mike  

Answer
Hi again,

California actually has pretty tough consent laws.  Having sex with anyone under the age of 18 is against the law.  Because the two of you are less than three years apart in age, the act is a misdemeanor.  There is no criminal penalty listed in the law, although you could be subject to a civil penalty of up to $2000.  You can read the law here:

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

The fact that he will be 18 by the time of birth is not relevant to the fact that at the time you had sex he was a minor.  I would advise speaking with an attorney in your area before saying anything to anyone about the events leading to your pregnancy.

- Mike