Fic: The Year of Living Dangerously II (Veronica/Logan, Ensemble) (Extra)

[vanessagalore]

Is Logan Echolls guilty of statutory rape?




If Logan is actually 18 and Hannah is only 15 during their affair, he would have been technically guilty of statutory rape (a misdemeanor) in California if they had consummated their relationship. In fact, even if there was only oral-genital contact ('carnal abuse'), he might actually BE guilty. I'm not sure that such contact is 'canon', but in my fic, Logan states, "Hannah and I...we made out, a lot...I saw her entire body. She definitely was not a cutter." So that might imply...ahem...contact, and therefore guilt. If Hannah was only 14 and Logan was 18, it actually would have been FELONY statutory rape; but I don't want Logan to actually be prosecuted, so I made Hannah 15 years old at the time. He'll punish himself enough anyways!

http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#California

California

The age of consent is 18, with a misdemeanor if the minor has 3 or less years of difference with the major. Penalties increase if the minor is under 14 and the major is above 21.

Texts :

California Penal Code - Part 1. of crimes and punishments -
o Title 9. of crimes against the person involving sexual assault, and crimes against public decency and good morals
+ Chapter 1. Rape, abduction, carnal abuse of children, and seduction. - Section 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.

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