Statutory Rape Punishment, Sentence and Penalties California Penal Code 261.5 PC
Is Statutory Rape a Felony in California?
According to California law, the sentence for statutory rape can either be a misdemeanor or a felony, depending on the situation.
Under California’s statutory rape laws, if you are no more than three years older than the victim, the offense will be charged as a misdemeanor, punishable by up to a year in county jail. If you are three or more years older than the victim, the circumstances and your criminal history will determine the severity of your charges.
However, if you are 21 or older and the victim is under 16, the California statutory rape offense will be charged as a felony punishable by two to four years in county jail.
The punishment and statutory rape sentence depend on whether the statutory rape is a felony charge under California Penal Code 261.5 PC.
The attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients facing all types of sex crimes in Southern California. They can explain the possible penalties associated with statutory rape in California and defend you in court.
What is the Punishment for Statutory Rape in California?
Depending on whether the California statutory rape is a felony or a misdemeanor charge, the penalties, if convicted, will vary. Generally, California statutory rape charges and the potential punishments associated with those charges are more serious the younger the victim is.
Statutory rape in California is a misdemeanor if you are no more than three years older than the victim. The punishment for someone charged with misdemeanor statutory rape in California is up to a year in county jail and a maximum fine of up to $1,000.
Statutory rape in California is a felony if you are 21 years of age or older and the victim is under the age of 16. The punishment for someone charged with felony statutory rape in California is two to three years in county jail and a maximum fine of up to $10,000.
Is Statutory Rape a Felony That Requires Registering as a Sex Offender
If you are convicted of statutory rape under California Penal Code section 261.5, you may be required to register as a sex offender per California Penal Code section 290. If the court requires you to register as a sex offender, you must update your registration with a local law enforcement agency for as long as you work, live, or attend school in California. In addition, personal information such as your name, address, and photograph are released to the public via a sex offender website run by the US Department of Justice.
Also, as a registered sex offender, you may be required to live a substantial distance from any park or school, for most registered sex offenders must live in an “isolated area.” It is often challenging for PC 290 registrants to find places to live because most property owners do not wish to rent their properties to PC 290 registrants.
Further, if you fail to register as a sex offender, you can face an additional criminal charge for violating Penal Code section 290. The stigma of being classified as a sex offender can be devastating for your personal and professional life. The experienced attorneys from Wallin & Klarich can vigorously fight for you so that you have a chance to avoid this harmful criminal consequence.
Is Statutory Rape in a Felony with Civil Penalties?
Anyone convicted of statutory rape in California may also be subject to civil penalties in addition to their underlying criminal sentence.
These civil penalties in a statutory rape case could include the following:
- A civil penalty not to exceed $2,000 if you engaged in unlawful sexual intercourse with a minor less than two years younger.
- A civil penalty not to exceed $5,000 if you engaged in unlawful sexual intercourse with a minor at least two years younger.
- A civil penalty not to exceed $10,000 if you engaged in unlawful sexual intercourse with a minor at least three years younger.
- A civil penalty not to exceed $25,000 if you are over 21 and engaged in unlawful sexual intercourse with a minor under 16 years of age.
According to California Penal Code section 261.5(e)(2): “The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.”
Court Options at the Time of Statutory Rape Sentencing
If you are convicted of statutory rape, the court has discretion in determining your punishment, depending on the circumstances of your case. The court has the following options at the time of sentencing:
- Sentence you to one of three terms provided by law:
- Statutory rape misdemeanor: up to one year in county jail.
- Statutory rape felony: 16 months to three years in county jail.
- Statutory rape felony (You are 21 or older, and the victim is under 16): two to four years in county jail.
- Place you on probation and impose a sentence of up to one year in county jail.
- Place you on probation with no jail time, but order you to do community service, a work release program, and attend therapy.
- Place you on formal probation and assign you a probation officer.
- Order you to register as a sex offender pursuant to California Penal Code section 290.
Statutory Rape California Probation Terms
When you are placed on probation after being convicted of statutory rape in California, the court will impose specific terms of probation that apply to the crime. These terms of probation will include the following:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Attend sexual addiction or rehabilitation programs
- Random drug testing
- Random searches of your person or home
These are only a few of the possible probation terms that a court can impose. If you are found to violate any of these terms, the court can sentence you to the maximum time allowed by law.
Finding An Experienced Statutory Rape Defense Attorney
Whether your charge of statutory rape is a felony or a misdemeanor, the sentencing and punishment can be severe and potentially life-changing.
If you or someone you know has been accused of statutory rape in California, you need to contact an experienced criminal defense lawyer who will carefully review the facts of your case and the law to give you the best representation possible.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville and West Covina, Wallin & Klarich has over 40 years of experience in defending our clients against statutory rape charges. We will carefully review the evidence against you and help you win your case.
Call us at (619) 404-2464 or fill out our confidential form. We will be there when you call.
