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Can a 27 year old get in trouble for dating someone under 18 if no one knows about it until after he turns 18?
If a tree falls in the forest and there is no one there, does it still make a sound? Just because your dating, does than mean you have to have sex? For more details see CA Penal Codes 261 - 269 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=261-269 You might also want to check into "Statute of limitations" CA Penal Code 803 f)(1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a responsible adult or agency by a child under 18 years of age that the child is a victim of a crime described in Section 261, 286, 288, 288a, 288.5, 289, or 289.5. So it's a year after someone finds out, as opposed to when it happened. For more info. see www.steveshorr.com/law.htm
What is California statute of limitations kidnapping?
In California offenses that are punishable by death or life in prison, have no statute of limitations. If the felony can result in over 8 year in prison it is set at 6 years. Less that that they are set at 3 years. And it will be from the time the individual is found, so it could be years later.
What is Penal code 647.6?
Cal Pen Code § 647.6 (2004) § 647.6. Annoying or molesting children (a) Every person who annoys or molests any child under the age of 18 shall be punished by a fine not exceeding one thousand dollars ($ 1,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (b) Every person who violates this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year. (c)(1) Every person who violates this section shall be punished upon the second and each subsequent conviction by imprisonment in the state prison. (2) Every person who violates this section after a previous felony conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or 289, any of which involved a minor under the age of 16 years, or a previous felony conviction under this section, a conviction under Section 288, or a felony conviction under Section 311.4 involving a minor under the age of 14 years shall be punished by imprisonment in the state prison for two, four, or six years. (d)(1) In any case in which a person is convicted of violating this section and probation is granted, the court shall require counseling as a condition of probation, unless the court makes a written statement in the court record, that counseling would be inappropriate or ineffective. (2) In any case in which a person is convicted of violating this section, and as a condition of probation, the court prohibits the defendant from having contact with the victim, the court order prohibiting contact shall not be modified except upon the request of the victim and a finding by the court that the modification is in the best interest of the victim. As used in this paragraph, "contact with the victim" includes all physical contact, being in the presence of the victim, communication by any means, any communication by a third party acting on behalf of the defendant, and any gifts.
What is California Penal Code Section 1203.4(a)?
What is 1203.4 Relief?Although the past cannot be completely erased, some relief from the disadvantages of a criminal conviction is available. Penal Code Section 1203.4 permits defendants,previously convicted of a probation or have been discharged early, to have their case dismissed and a plea of 'not guilty' replacing a guilty plea/verdict.If the petition is granted, the person must be released from all disabilities resulting from the conviction. Perhaps the most significant benefit applies to futureapplications for employment in the private sector. By regulation, a private employercannot ask a job applicant about any misdemeanor dismissed under Penal Code 1203.4. (Cal.Code Regs 7287.4(d). Penal Code Section 1203.4a provides similar relief to persons convicted of a felony or misdemeanor, who have successfully completed their sentence.Automatic EntitlementIf the person successfully completed probation (or had his or her probation terminated early), and is not then serving a sentence, on probation, or charged with any new offense, relief must be granted. People v. Hawley (1991) 228 Cal.App.3d 247, 249. But, relief need not be granted when probation expired without successful completion. People v. Covington (2000) 82 Cal.App.4th 1263 (failure to make full restitution).Persons convicted of a felony and sentenced to prison: If you were convicted of a felony and sentenced to prison (either initially or after having had your probation violated), you are not eligible for relief under Penal Code 1203.4.Many sex related offenses: Penal Code 1203.4 relief is not available for violations of Penal Code 286(c), 288, 288a(c), 288.5, 289(j), or any felony conviction for a violation of 261.5(d).The Bad NewsA dismissed charge may still be pled and proved just like any other prior conviction in a subsequent prosecution. This means a prior DUI conviction will remain available for ten years to enhance the penalty for any subsequent DUI offense. SeePeople v. Diaz (1996) 41 Cal.App.4th 1424 (dismissed charge used as strike also under Three Strikes law).A person who secures Penal Code 1203.4 relief must still disclose the conviction in response to any direct question contained in any questionnaire or application for public office or licensure by any state or local agency, or for contracting with the state lottery.Dismissal does not make the conviction records unavailable to the public. People v. Field (1995) 31 Cal.App.4th 1778, 1787.The Very Good NewsExpunged conviction (dismissal) is inadmissible as impeaching evidence. People v. Mackey (App. 2 Dist. 1922) 58 Cal.App. 123, 208 P. 135. "Penalties and disabilities" in Section 1203.4 providing that defendant who fulfills conditions of probation shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he was convicted has reference to criminal penalties and disabilities or to matters of a criminal nature. Copeland v. Department of Alcoholic Beverage Control (App. 2 Dist. 1966) 50 Cal.Rptr. 452, 241 Cal.App.2d 18 People v. Field (1995) 31 Cal.App.4th 1778 in which expunged felony convictions were held to be inadmissible for purposes of impeaching witnesses. (Id. at p. 1787.) See also, Cal. Const., art. I, § 28, subd. (f) (prior felonies usable for impeachment) do not have any effect because once a conviction has been expunged, it no longer is a viable conviction for impeachment purposes. By virtue of expungment, there no longer is a prior conviction. People v. Field (1995, Cal App 4th Dist) 31 Cal App 4th 1778, 37 Cal Rptr 2d 803, 1995 Cal App LEXIS 87, review denied (1995, Cal) 1995 Cal LEXIS 3255.For information and forms, concerning expungements in California see the below link: ,
What is California Penal Code Section 1203.4?
What is 1203.4 Relief?Although the past cannot be completely erased, some relief from the disadvantages of a criminal conviction is available. Penal Code Section 1203.4 permits defendants,previously convicted of a probation or have been discharged early, to have their case dismissed and a plea of 'not guilty' replacing a guilty plea/verdict.If the petition is granted, the person must be released from all disabilities resulting from the conviction. Perhaps the most significant benefit applies to futureapplications for employment in the private sector. By regulation, a private employercannot ask a job applicant about any misdemeanor dismissed under Penal Code 1203.4. (Cal.Code Regs 7287.4(d). Penal Code Section 1203.4a provides similar relief to persons convicted of a felony or misdemeanor, who have successfully completed their sentence.Automatic EntitlementIf the person successfully completed probation (or had his or her probation terminated early), and is not then serving a sentence, on probation, or charged with any new offense, relief must be granted. People v. Hawley (1991) 228 Cal.App.3d 247, 249. But, relief need not be granted when probation expired without successful completion. People v. Covington (2000) 82 Cal.App.4th 1263 (failure to make full restitution).Persons convicted of a felony and sentenced to prison: If you were convicted of a felony and sentenced to prison (either initially or after having had your probation violated), you are not eligible for relief under Penal Code 1203.4.Many sex related offenses: Penal Code 1203.4 relief is not available for violations of Penal Code 286(c), 288, 288a(c), 288.5, 289(j), or any felony conviction for a violation of 261.5(d).The Bad NewsA dismissed charge may still be pled and proved just like any other prior conviction in a subsequent prosecution. This means a prior DUI conviction will remain available for ten years to enhance the penalty for any subsequent DUI offense. SeePeople v. Diaz (1996) 41 Cal.App.4th 1424 (dismissed charge used as strike also under Three Strikes law).A person who secures Penal Code 1203.4 relief must still disclose the conviction in response to any direct question contained in any questionnaire or application for public office or licensure by any state or local agency, or for contracting with the state lottery.Dismissal does not make the conviction records unavailable to the public. People v. Field (1995) 31 Cal.App.4th 1778, 1787.The Very Good NewsExpunged conviction (dismissal) is inadmissible as impeaching evidence. People v. Mackey (App. 2 Dist. 1922) 58 Cal.App. 123, 208 P. 135. "Penalties and disabilities" in Section 1203.4 providing that defendant who fulfills conditions of probation shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he was convicted has reference to criminal penalties and disabilities or to matters of a criminal nature. Copeland v. Department of Alcoholic Beverage Control (App. 2 Dist. 1966) 50 Cal.Rptr. 452, 241 Cal.App.2d 18 People v. Field (1995) 31 Cal.App.4th 1778 in which expunged felony convictions were held to be inadmissible for purposes of impeaching witnesses. (Id. at p. 1787.) See also, Cal. Const., art. I, § 28, subd. (f) (prior felonies usable for impeachment) do not have any effect because once a conviction has been expunged, it no longer is a viable conviction for impeachment purposes. By virtue of expungment, there no longer is a prior conviction. People v. Field (1995, Cal App 4th Dist) 31 Cal App 4th 1778, 37 Cal Rptr 2d 803, 1995 Cal App LEXIS 87, review denied (1995, Cal) 1995 Cal LEXIS 3255.For information and forms, concerning expungements in California see the below link: ,
