Can I Go to Jail for Impregnating My 16 Year Old Girlfriend

My question involves criminal law for the state of: California.
I am 20 years old, and my girlfriend is 16, she is pregnant with my child, can I go to jail or be sued for this?
Is the state mandated to lock me up for my actions once they find out my age and what I did? I mean when my girlfriend goes to the hospital, they're gonna want to know the specifics on the father.

Your title says you're 19, your post says you're 20. Which is it? It makes a difference.

Read the statute here.

Ah sorry, I'm 19 right now, just turning 20 real soon.

C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).

If I get a parental consent form signed by her mother allowing us to marry, and I marry her will I not be charged?
Also, isn't there a chance the DA won't press charges on me?

Marriage does not protect you from criminal charges.

Yes, there's a chance the DA won't follow through.

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Quoting Dogmatique

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Marriage does not protect you from criminal charges.

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To elaborate: Marriage will not erase your past criminal behavior. It's legal to have sex with your wife, but it wasn't legal to have sex with your underaged girlfriend.

Water under the bridge now, but common sense and basic smarts (both of which appear to be lacking here) would suggest that you ask these questions BEFORE you unzip your pants, not after.

For the future, you might try thinking with your northern brain instead of your southern one, and you won't have to deal with such issues.

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Quoting MENU

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My question involves criminal law for the state of: California.
I am 20 years old, and my girlfriend is 16, she is pregnant with my child, can I go to jail or be sued for this?
Is the state mandated to lock me up for my actions once they find out my age and what I did? I mean when my girlfriend goes to the hospital, they're gonna want to know the specifics on the father.

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The age of consent in your state is 18.

Hire an attorney... Fast.

Hmm, alright well hopefully the DA won't press charges.
Thank you all for the advice.
Any last minute advice before I find out if she really is pregnant?

Yes.

ADMIT NOTHING.

Not one thing. Do NOT admit you may be the father.

And stop having sex with her.

....or anyone else who's underage. Or even if you THINK they might possibly be underage.

Unfortunately, yes.

Under California PC 261.5, it is illegal to have "unlawful sexual intercourse" with someone under the age of 18.

In this case, you violated PC 261.5(c), and that is punishable as a misdemeanor or a felony.

If a misdemeanor, it would be no more than a year in county jail. If a felony, you are looking at 16, 24, or 36 months. Not to mention, no contact with her for about three years.

They can ALSO possibly charge you with great bodily injury, if she is pregnant.

I am going through the same thing with my boyfriend. Bullcrap, right?

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Quoting haruharux

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Unfortunately, yes.

Under California PC 261.5, it is illegal to have "unlawful sexual intercourse" with someone under the age of 18.

In this case, you violated PC 261.5(c), and that is punishable as a misdemeanor or a felony.

If a misdemeanor, it would be no more than a year in county jail. If a felony, you are looking at 16, 24, or 36 months. Not to mention, no contact with her for about three years.

They can ALSO possibly charge you with great bodily injury, if she is pregnant.

I am going through the same thing with my boyfriend. Bullcrap, right?

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Well, willingly breaking the law often does end up with the lawbreaker wallowing in a pile of bullcrap of their own making, yes.

Thanks for sharing.

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Quoting MENU

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My question involves criminal law for the state of: California.
I am 20 years old, and my girlfriend is 16, she is pregnant with my child, can I go to jail or be sued for this?
Is the state mandated to lock me up for my actions once they find out my age and what I did? I mean when my girlfriend goes to the hospital, they're gonna want to know the specifics on the father.

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In CA this can be charged as a felony. You need to consult legal counsel ASAP.

Even if her parents (both of them) consent to her getting married and the two of you get married, that would not be a bar to prosecution. It MIGHT convince the DA to leave it be ... provided you continue to be married and care for her until the statute of limitations runs out. But, the DA may not care.

The doctors are mandated reporters, they will find out about this.

Sigh...where's Unca Jeffy when you need him?...

And to find out if she is really pregnant? I'd say a Baby Bump would be starting to show soon.

If you are busted for having sex with a minor....guess what? You also will find yourself on the Sex Offender Registry. Which limits where you can live (proximity to schools, for example), and you won't be able to be kids, not even your kids friends.

Rule of thumb with sex and minors: If you have to ask, don't do it.

OK I’m going to elaborate a bit more. You got her pregnant when you were 19 and she was 16. If the difference in age between you two is less than 36 months its only considered a misdemeanor in CA. This is punishable by up to 1 year in county jail.

I don’t have any personal experiences with if/how/when hospitals report these sort of violations. But if the parents are okay with it you shouldn’t have to worry about any criminal charges being bought against you. Because typically it’s either the parents or the victim that brings up charges, not a third party. And let’s assume the hospital does report you, I’m very confident that the DA would not bring up any formal charges in your case.

So breathe easy and do right by the kid. Raise him properly and tell him not to make the same mistake you did ;)

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Quoting fallout788

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OK I’m going to elaborate a bit more. You got her pregnant when you were 19 and she was 16. If the difference in age between you two is less than 36 months its only considered a misdemeanor in CA. This is punishable by up to 1 year in county jail.

I don’t have any personal experiences with if/how/when hospitals report these sort of violations. But if the parents are okay with it you shouldn’t have to worry about any criminal charges being bought against you. Because typically it’s either the parents or the victim that brings up charges, not a third party. And let’s assume the hospital does report you, I’m very confident that the DA would not bring up any formal charges in your case.

So breathe easy and do right by the kid. Raise him properly and tell him not to make the same mistake you did ;)

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I strongly disagree.

Not only are the hospital workers legally obliged to report the matter, but it is very common for the third party - in other words the DA - to bring charges in a case like this even if the parents are "ok" with it.

I do not understand why you say you're "very confident" that no charges would be brought.

Parents cannot wipe away the fact that a crime has been committed....and frankly this one is a no brainer for the DA.

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Quoting fallout788

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OK I’m going to elaborate a bit more. You got her pregnant when you were 19 and she was 16. If the difference in age between you two is less than 36 months its only considered a misdemeanor in CA. This is punishable by up to 1 year in county jail.

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That part is effectively correct.

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I don’t have any personal experiences with if/how/when hospitals report these sort of violations. But if the parents are okay with it you shouldn’t have to worry about any criminal charges being bought against you. Because typically it’s either the parents or the victim that brings up charges, not a third party. And let’s assume the hospital does report you, I’m very confident that the DA would not bring up any formal charges in your case.

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Oh so wrong.

First, medical providers are mandatory reporters. An unmarried minor being pregnant is proof of sexual misconduct.

And it is NOT a parent or the girl/child who pursues charges, it is the state. Most often, the girl does not want the boy prosecuted in such a case, but it can happen anyway. Your confidence in the DA not charging is quaint, but not necessarily true. In fact there are still grants out there that provide funds for counties to hire personnel actually pursue these cases. Where you see some leeway given for misdemeanor unlawful sexual intercourse is where the DA is confident that the child will be cared for by the father (through child support payments or even marriage). The hope is not to add yet another child to the welfare rolls.