Sex With Individuals Under 18

By Carl Simons

Although teenagers are becoming sexually active younger and younger these days, it is important to be very aware that having sexual relations with anyone under 18 years of age is a crime. Regardless of how old they told you they were, who initiated the sexual contact or if the act was consensual,the law presumes that anyone under 18 is unable to give their consent for sexual activity. Unfortunately, many individuals often experiment with sexuality in their teenage years; however, if you are over 18 and find yourself either having sex with, or intend to have sex with, an individual under 18, you can easily be charged with a crime.

I get at least one call a month from an individual who is literally tormented by his past sexual experimentation and lives in fear of being prosecuted for activities that may have occurred years ago. Unlike most crimes, these types of crimes have very long statutes of civil and criminal limitations. These laws can be very complicated, and it’s best to contact an attorney to discuss your situation and your possible liabilities.

Additionally, there are criminal enhancements based on the age of the "victim" and the age of the perpetrator. The law generally draws a line at the age of 14 for more serious offenses. Granted, if both individuals are minors, the older individual is subject to a lesser penalty.

In the age of the Internet, it is also very important to know that many underage "gay-curious” individuals are often cruising the net just like you. Many times, these individuals can be very aggressive and deceptive about their ages. The most important thing to know is that law enforcement is very aware of most of the sexual websites out there, and you never know exactly who is on the other end of that computer.

I have had a few cases come into my office where an individual in good conscience believed that the person he was communicating with was indeed an adult, but later discovered it was, in fact, a minor. If you are on the Internet and are having sexual communications or sending out naked pictures of yourself, it is always best to make some effort to identify the age of the individual on the other end of the computer line.

If you have questions regarding this or any other legal matter, contact the Law Offices of Carl Simons at (310) 749-4LAW.