California Statutory Rape Laws (PC 261.5): FAQs – Unlawful Sex with a Teenager
What is the age of consent in California?
While the age of consent may vary between states, the age of consent in California is 18. That means that California law has determined that anyone under 18 cannot give informed consent regarding sexual intercourse. As a result, anyone who has sexual intercourse with a minor, even if they are a teenager and the sex was otherwise “consensual,” can be charged with statutory rape under California Statutory Rape laws.
Is California statutory rape charged as a misdemeanor or a felony?
A California statutory rape can either be a misdemeanor or a felony charge based on the situation.
Under California Statutory Rape laws, if you are no more than three years older than the victim, the offense will be charged as a misdemeanor that is 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.
What are the penalties for California statutory rape charges?
Depending on whether your California statutory rape charge is considered a misdemeanor or a felony, 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.
For California statutory rape misdemeanor conviction, punishment may include probation, fines of up to $1,000, up to one year in jail, or some combination thereof.
In a California statutory rape felony conviction, the defendant faces up to four years, probation, up to $10,000 in fines, or some combination thereof.
A defendant with two or more convictions under California statutory rape laws may be forced to undergo chemical castration as part of their punishment.
Can I be charged with statutory rape even if I was in a relationship with the victim?
According to California statutory rape law, you can still be charged with statutory rape even if you are in a relationship with the victim, depending on the situation.
If the victim is under 18 years of age, you can be charged with statutory rape even if you were in a relationship with them and they consented to sexual intercourse. That’s because, according to California statutory rape laws, minors cannot give valid consent to a sexual act until they become a legal adult. In California, an individual is not legally considered an adult until they are 18 years old.
On the other hand, if you are legally married to the victim, even if they are a minor, you cannot be charged with statutory rape.
Can I be charged with statutory rape for engaging in oral sex with a minor?
No. California statutory rape laws require that the victim and the perpetrator engage in sexual intercourse that involves penetration of the sexual organs. Therefore, engaging in oral sex with a minor will not lead to criminal liability under California Penal Code section 261.5, which is the statute that covers California statutory rape. However, if you have engaged in oral sex with a minor, you may be charged with an oral copulation offense under California Penal Code section 288a.
Can I be convicted of statutory rape if the victim told me they were 18 Years of age or older?
According to California statutory rape laws, you cannot be convicted of statutory rape under California Penal Code section 261.5 if you had a good faith belief that the victim was 18 years of age or older. Although the victim may have lied about their age, and you honestly believed they were not a minor, a jury must find that a reasonable person in your shoes would have held the same belief.
In making this determination, a jury of your peers will consider all the circumstances present at the time of the alleged offense, including the physical characteristics of the victim and any statements they made to you. If a jury believes that a reasonable person would have thought that the victim was 18 years of age or older, you will not be convicted of this offense.
Will I have to register as a sex offender if I am convicted of statutory rape?
Under California statutory rape laws, statutory rape is not listed as a crime that requires mandatory registration as a sex offender. However, if you are convicted of statutory rape, the court can decide to impose sex offender registration as part of the penalty imposed based on the circumstances of your case, your prior criminal history, and a psychological evaluation.
In some cases, if you move to another state outside of California, sex offender registration may be required if that jurisdiction recognizes statutory rape as an offense that requires sex offender registration. Contact your attorney before moving to determine whether your destination state requires registration for a California statutory rape conviction.
Do California statutory rape laws have a Romeo and Juliet exception?
A Romeo and Juliet exception, also known as a close-in-age exception, is meant to help prevent teens from facing severe criminal charges when they engage in consensual sex with someone close in age. In most states, when the perpetrator and victim are close in age, statutory rape penalties are usually less severe. California statutory rape laws do make a Romeo and Juliet exemption that covers consensual sex between individuals who are three years apart in age.
However, this limited exception does not necessarily exempt a defendant from criminal liability but reduces the charge from a felony to a misdemeanor. That means the conduct is still illegal but will result in fewer fines and less jail time if convicted. It is important to note that under California statutory rape laws involving teens, this exception is not always automatically applied and must be brought forward as a defense by your California statutory rape attorney.
What should I do if I have been charged under California statutory rape laws?
If you have been charged with statutory rape under California Penal Code Section 261.5, you should immediately contact a criminal defense attorney with experience in California statutory rape laws.
Wallin & Klarich has over 40 years of experience successfully representing Southern California residents charged with violating California statutory rape laws. Wallin & Klarich has offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville, and West Covina.
Drawing from the team’s extensive experience in California statutory rape laws, the team at Wallin & Klarich can answer any of your questions. Wallin & Klarich will go the extra mile in your defense.
If you or someone you love has been charged with statutory rape, call the talented and professional defense attorneys from Wallin & Klarich today at (619) 404-2464.
We will be there when you call.
