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Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare.Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old. (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.Individuals aged 17 or younger in California are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.California statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 18 who is not their spouse.There must be evidence of recent behavior to justify the substantial likelihood of serious bodily harm in the near future.

that to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong." have been a standard test for criminal liability in relation to mentally disordered defendants in common law jurisdictions ever since, with some minor adjustments.

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.

This includes the release of the individual to the community (or other community placement), a petition for involuntary inpatient placement (what some call civil commitment), involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment).

The involuntary outpatient placement language in the Baker Act took effect as part of the Baker Act reform in 2005.

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However, it is unethical for a psychiatrist to offer a professional opinion unless he or she has conducted an examination and has been granted proper authorization for such a statement.

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