reply to post by m0r1arty
In Cal 261.5.. sex between minors separated by 3 years or less is a misdemeanor. 830.1 (police officers) can only arrest misds that are committed in
their presence (23152(a)vc being an exception)... unless it's a minor.
Without a lot more details it boils down to Dept policy, dealing with minors is a whole separate policy of "shall" not "may".. and then there's
a whole can of worms relating to investigating incidents involving family/friends, what motor officers can, shall, may, and may not do while in
uniform to/from their "RD" (reporting district).
Either way.. it's not a cops job to punish kids by intentionally scaring the poop out of them, he had an obligation to due his duty per dept policy
and enforce the law.. or be a responsible law abiding model citizen and call the police... not summarily decide to teach a lesson he felt needed
teaching.
If my son went over and bumped fuzzys on his daughter.. officer joe had better not lay a frik'n finger on my kid unless he's doing so "officially"
and "on the record".. otherwise he's just some hostile dude in funky clothes punishing my 15 year old for having necessary game to hump his easily
talked out of her clothes daughter.
Cuffing a kid is battery, maybe unlawful arrest or assault under the color of authority.. even kidnapping if joe transported my cuffed kid against
against my kids will or robbery if joe emptied my kids pockets. Yell and scream at my son, piss & moan, heck.. call the cops. whatever man, do what
you're gonna do.. but do not touch my kid unless it's official business and there are reports I can challenge and complaints I can file.. because if
I have no legal or procedural options.. I'm just gonna have to stomp joe into pablum, then say "He committed battery on a child and I felt he needed
to be thought a lesson"
www.leginfo.ca.gov...
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.