Even though the crime of rape typically needs some kind of a bodily penetration, only because the penetration did not actually occur, it does not denote that the individual who has engaged in a sexual conduct with a state recognized minor is not criminally responsible for his or her actions. In numerous states, including the state of Virginia, this kind of conduct (i.e. phone sex) might be constituted as a “risk of injury to a minor” or “impairing the morals of a minor” kind of crime, which are mostly considered to be felonies.
Furthermore, because all of these crimes are time and again strict liability misconducts, not understanding that the “victim” is juvenile is typically not a feasible defense. If somebody you know has been blamed for engaging in unsuitable behavior with state recognized minors, we would strongly recommend asking and/or consulting a criminal defense attorney so as to protect his/her rights as well as liberty.
It is not considered to be statutory rape however it is against the law (section 288.2 of the California Penal Code). This crime may be charged to be a misdemeanor or as a second offense, namely a felony. To put simply, having a telephonic conversation or any kind of internet communication for the purposes of having sexual arousals is and will be punished by the law.
Following is the statute:
288.2. (a) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including, but not limited to, live or recorded telephone messages, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail. A person convicted of a second and any subsequent conviction for a violation of this section is guilty of a felony.
(b) Every person who, with knowledge that a person is a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by electronic mail, the Internet, as defined in Section 17538 of the Business and Professions Code, or a commercial online service, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent, or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail. A person convicted of a second and any subsequent conviction for a violation of this section is guilty of a felony.
(c) It shall be a defense to any prosecution under this section that a parent or guardian committed the act charged in aid of legitimate sex education.
(d) It shall be a defense in any prosecution under this section that the act charged was committed in aid of legitimate scientific or educational purposes.