Under age dating law
Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventingunderage pregnancy upon appropriation by the Legislature.(3) In addition to any punishment imposed under this section, thejudge may assess a fine not to exceed seventy dollars () againstany person who violates this section with the proceeds of this fineto be used in accordance with Section 1463.23.However, when both parties are close in age, identifying whether the sexual activity is abusive is more complex.Ryan (1997) proposed three factors that must be considered in order to evaluate sexual interactions between two or more children: consent, equality and coercion.For further information regarding sexual interaction with 16 and 17 years old under special care please see the relevant state or territory legislation.It is a common and normal part of sexual development for young people to explore and experiment in sexual interactions with their peers (Araji, 2004; Barbaree & Marshall, 2006; Eade, 2003).The age of consent is 16 years of age in the Australian Capital Territory, New South Wales, Northern Territory, Queensland, Victoria and Western Australia.
From the amounts collectedfor each case, an amount equal to the costs of pursuing the actionshall be deposited with the treasurer of the county in which thejudgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury.(a) Unlawful sexual intercourse is an act of sexualintercourse accomplished with a person who is not the spouse of theperpetrator, if the person is a minor.For the purposes of thissection, 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.(c) Any person who engages in an act of unlawful sexualintercourse with a minor who is more than three years younger thanthe perpetrator is guilty of either a misdemeanor or a felony, andshall be punished by imprisonment in a county jail not exceeding oneyear, or by imprisonment in the state prison.(d) Any person 21 years of age or older who engages in an act ofunlawful sexual intercourse with a minor who is under 16 years of ageis guilty of either a misdemeanor or a felony, and shall be punishedby imprisonment in a county jail not exceeding one year, or byimprisonment in the state prison for two, three, or four years.(1) Notwithstanding any other provision of this section, anadult who engages in an act of sexual intercourse with a minor inviolation of this section may be liable for civil penalties in thefollowing amounts:(D) An adult over the age of 21 years who engages in an act ofunlawful sexual intercourse with a minor under 16 years of age isliable for a civil penalty not to exceed twenty-five thousand dollars(,000).The court shall,however, take into consideration the defendant's ability to pay, andno defendant shall be denied probation because of his or herinability 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 meanpositive cooperation in act or attitude pursuant to an exercise offree will.
Nothing in this section shall affect the admissibility of evidenceor the burden of proof on the issue of consent.261.7.