>>936460083In California, a person must be at least 18 years of age to be legally capable of consenting to have sex. This means that it is illegal to have sex with a minor under 18, even if the minor is a willing participant and even if the minor initiates the sexual activity.
Having consensual sex with a minor in California is generally prosecuted as statutory rape under Penal Code 261.5 PC.
Statutory rape can be a misdemeanor carrying up to 1 year in jail or a felony carrying up to 4 years in jail depending on the parties’ ages.
California has no Romeo and Juliet exception allowing for consensual sex between close-in-age minors and adults.
So if he gets caught, he's beyond fucked.