My question involves criminal law for the state of: California
California Penal Code 288a(b)(1):
Any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.
If an 18 year old received oral sex from a 15, 16, or 17 year old, would it be a FELONY or MISDEMEANOR? I read that if the perpetrator is above 21 it is a felony. Based on what I've read, 288a(b)(1) is a "wobbler" crime, meaning it can be tried as a misdemeanor or felony. Would a DA pursue such a case if it was a consensual act among teenagers as I mentioned above?
If a MISDEMEANOR, the statute of limitations would be 1 year, correct?

