Lewd Conduct with a minor laws and time limit?

Discussion in 'Child Abuse, Neglect & Porn' started by AyndiG, Nov 9, 2007.

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  1. AyndiG

    AyndiG New Member

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    While we never had sex before I was 18, my ex (who has now stolen over $500 of property from me) did do other sexual acts before I was 18, when he was 22 and I was 15, and also when he was 24 and I was 17. I am now 21, so its been 4 years, is that too long to charge him with if he doesn't return my property?

    Oh, we lived in California at the time.

    Edited to clarify: I do not intend to blackmail him, but am simply wondering if the charges are still valid and how I would go about that.
     
    Last edited: Nov 10, 2007
  2. Scooterdog

    Scooterdog New Member

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    Crimes against children in somestates have no limit.

    Cal on the other hand, lol, who knows.

    Making threats such as that can land you in a place you don't want to be. Have you ever heard of extortion??? That is when you say "give me the money or else".

    Falsely accusing someone of a crime is a crime in itself. Shame on you. You were 17, the legal age of concent, and now want to play little kindergarden games?? Please.

    If you want your money or property, go to the local court, small claims, and be a human about it. One never know's what a man will do when threatened like that. You too could end up going for a boat ride in Cal.
     
  3. AyndiG

    AyndiG New Member

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    The legal age of consent is 18, he also did stuff as far back as 15. And I don't want to try courts for the property cause its virtual (gaming) property. So I doubt it would get me anywhere. I don't really care if he keeps the property, but he's doing it just to fuck me over, and if he wants to play that game...
     
  4. Scooterdog

    Scooterdog New Member

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    16 is normaly the age of consent, some state 15. At 18, you are lawful age. There is a difference.

    Hmmmm. So, you would rather risk being brought up on Federal Criminal Charges rather than go into small claims court, or better yet, let it go and move on with your life?

    And, there's that little thing called evidence you are going to need, which you don't have. I would just move on and stay away from him. AS I said, you may be the next one on CNN that went for a boat ride. Is it really worth that petty amount?

    A vendictive woman is how you are comming off as. IT's a mere 500 bucks. I'll admit, it sucks, but hey, you ain't going to go through life without getting screwed atleast once. Learn from it, stay away from men like that, and move on.
     
  5. AyndiG

    AyndiG New Member

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    Please clarify how charges could be brought against me? I have witnesses that can attest to the fact that he was alone with me when I was 15 and he was 22, at very least. I moved in with him when I was 17, and his own family can attest to the fact that I slept in his bed with him. He might even still have possession of naked pictures of me from when I was 17. I don't intend to bribe him or use it to get anything out of him, but if he wants to fuck me over cause "he can", perhaps he should have thought of what I could possibly do, which is what I am here asking about. If there are any ways to take him to small claims and get paid for the shit he ruined, then I'd do that, but I haven't read anything promising on that end.

    Also California statute 261.5 states that sexual acts with minors is for under 18, not 16. I know most states are 16, some are 17. But, everything I have read says CA is 18 for consent and to be of legal age.
     
    Last edited: Nov 10, 2007
  6. Scooterdog

    Scooterdog New Member

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    Clearly consent was given.

    You need to look up extortion under federal law. Maybe even conspiracy, hell, read um all, you might learn something new.

    I'm not telling you what to do, just saying cooler heads prevail. Clearly you're upset, and it is SOMEWHAT understandable(from you version, remember: there's yourside, his side, and then there's the truth.) But, in the end what are you going to accomplish by this? Is it worth one second of your time?

    Do what you want, you were forwarned of possible crim. charges for false reports, or even death if you really piss him off. Women get killed every single day in this country, for a hell of alot less than 500 clams
     
  7. Scooterdog

    Scooterdog New Member

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    261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
    (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
    (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
    (d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:
    (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).
    (B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).
    (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).
    (D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).
    (2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.
    (3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

    261.6. In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, "consent" shall be defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under Section 261, 262, 286, 288a, or 289. Nothing in this section shall affect the admissibility of evidence or the burden of proof on the issue of consent.

    261.7. In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.

    Consent was given when you moved in.

    It don't look good for you sunshine. YOu could try, but I would never let someone like you testify to a cropped up charge like that. Good luck.
     
    Last edited: Nov 10, 2007
  8. AyndiG

    AyndiG New Member

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    If you're implying that I could get in trouble (conspiracy) for consenting to the acts, even though I legally could not consent, I can't imagine that applies:

    * Under section 2(1) the intended victim of the offence can not be guilty of conspiracy.
    * Under section 2(2) there can be no conspiracy where the only other person(s) to the agreement are:

    (a) a spouse or civil partner; [1]
    (b) a person under the age of criminal responsibility; and
    (c) an intended victim of that offence.

    And for extortion, as I said, I wouldn't be threatening him with it saying for him to pay me or I'd do it... I'd just do it.
     
  9. AyndiG

    AyndiG New Member

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    As I said, I was both 15 and 17 when the events occurred, so either way *shrug* It also states right above what you quoted that a minor is anyone under 18.

    Also:
    (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

    applies, in addition to what you quoted in red.
     
  10. Scooterdog

    Scooterdog New Member

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    No, I was implying you comming on the net, trying to pull a rabbit out of the hat, when it's empty. You are claiming you will bring criminal charges without a leg to stand on. I don't know where you found that law, it aint' fed law:

    § 873. Blackmail:

    Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.

    § 241. Conspiracy against rights

    If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

    No lawyer in their right mind would advise you on this, let alone tell you to do it. Again, good luck.
     
  11. AyndiG

    AyndiG New Member

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    The code 261 doesn't mention the word consent at all. If a minor can give consent, then whats the point of the laws?
     
  12. AyndiG

    AyndiG New Member

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    I came to the net to find out if what I had been reading was correct. Because you seem stuck on the idea that I am conspiring and making stuff up and am going to blackmail him, doesn't mean that any of that applies.
     
  13. Scooterdog

    Scooterdog New Member

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    LOL, we aren't talking about if the minor can give consent lol. Clearly, when you moved in and your parents didn't object, consent was given.

    You knew what you were doing, and clearly never complained until now, after claiming "he stole 500 bucks". which you can't prove.

    Yes it does, you just don't know what you're reading or how to interpret it. I copied that from Cal web site. I'm sure if I was really gung-ho, I would hammer it home with case after case.

    Good luck finding a shyster to help you on this one.
     
  14. Scooterdog

    Scooterdog New Member

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    I would/could make it apply, and after I had you charged crim, I'd file a civil rights lawsuit against you. :yes:
     
  15. Scooterdog

    Scooterdog New Member

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    Deprevation of rights
    Conspiracy
    Filing a false police report
    Abuse of process
    Violation of several const. rights

    And, I would demand an extensive mental examination, in house.
     
  16. AyndiG

    AyndiG New Member

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    § 1983. Civil action for deprivation of rights

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

    How does that apply? Or is there another section you'd be looking at? If the charges are provable, then how does filing charges fall under this at all?
     
  17. AyndiG

    AyndiG New Member

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    Wow. No wonder people hate lawyers.

    How can you assume from what I have said that anything in the police report would be false? I am not so stupid as to charge something that isn't provable. And conspiracy? Didn't you quote that that required two or more people anyways? I haven't conspired to do anything, I am wondering about what I can do, if anything. I have said NOTHING of my intent or if I will actually pursue such action. Abuse of process? Isn't that exactly what a civil lawsuit in such a case would do?
     
  18. Scooterdog

    Scooterdog New Member

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    For the last time, you have no proof. YOu moved in, end of story. NOw, because you're pissed off, you want to cry about it. Well, that's not how it works.

    Second, lol, you have to go beyond the mere code, and look at cases for god's sake.

    Third, conspiring to bring a charge, which would deprive this person of life, and liberty, by having him placed in jail, when you don't have a case. Do you have DNA to back this up? Do you have six of your friends that were in the same room, watching you have sex? Did you get pregnant?

    The charges are NOT provable, because its a bunch of bullshit. Just because you want to be a vendictive person, doesn't mean that the entire legal system is going to give you what you want.

    Hearsay is all you have and your testimony, which again, I would never let you get on the stand. I would have you declared mentaly unstable, delusional, which from your rant, wouldn't be hard to do.

    What evidence do you have? None. It's just that simple. It's not like you were 10, and he was 45 years old.

    Consent was given when you moved in, therefore, you have nothing.
     
  19. Scooterdog

    Scooterdog New Member

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    When you sign a criminal complaint on a false case like this, and the pros. goes for it, that is conspiracy.

    You could easily be the poster child for birth control. With an attitutude" give me what I want or I'll cry rape", is more than enough to keep any man from ever having sex with someone like you. :mad:
     
  20. AyndiG

    AyndiG New Member

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    My parents did not consent for me to move in with him. And I was still not of legal age to consent myself.

    As I have said repeatedly, unless the case was sound, I wouldn't even pursue it. I came to see what was needed.

    If you want me to look at cases, then fucking give me some to look at. All you've given me is code as well.

    All I came here for was details of what I would need. Not for some asshole to jump down my throat.
     
    Last edited: Nov 10, 2007
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