Uh... not in California no.Highlord Laan wrote:Main problem should be that she had sex with a minor, not that they're related. Incest is squicky, but if everyone involved is a consenting adult it's nobody's business but theirs. She should get whatever standard sentence is meant for having sex with a minor, and that's the end of it.
If they hook up again after he's 18, oh well.
As he's over the age of 15 he actually qualifies as being a "consenting minor" under california state law and can be potentially prosecuted under the incest statutes (which are intentionally vague so as to give the government a wide latitude in prosecution.California Penal (Criminal) Code 285.
Persons being within the degrees of consanguinity within which
marriages are declared by law to be incestuous and void, who
intermarry with each other, or who being 14 years of age or older,
commit fornication or adultery with each other, are punishable by
imprisonment in the state prison.
What is alarming to me is that it is highly unlikely this woman will face jail time for a first time misdemeanor (I presume that this is her first arrest for fucking her son), at least for the whole "sleeping with a minor" thing. That particular offense is only a fine and an entry in the sex offender's registry (if that. Chances are if she agrees to therapy and medication she's just going to end up on probation.)
Wait... I take that back. The bitch is going to face jail time. Not for doing the act. For taping it.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 over the age of 21 years 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.
What is going to fuck her over is taping the act. Kiddy porn laws are.... nasty. The creation of child pornography is a state and federal crime. She is highly likely to face jail time for the tape itself. Thank god for that at least. That being said it is annoying that, technically speaking it is highly likely that it will be the taping of rape and incest, rather than the rape and incest, which will get her jail time.
Hell the kid can face jail time for being a willing participant in it as a willing distributer of child pornography.