Statutory rape under Penal Code Section 261.5 does not trigger a requirement to register as a sex offender pursuant to Penal Code Section 290.
Statutory rape is different from other sex crimes because its criminal status stems solely from the age of the victim, specifically regarding the question of whether the victim is under the age of 18 years. Although it is arguable whether having sex with a minor is inherently wrong or harmful, the act is criminal in California because legislation deems it so. Because our lawmakers have decided that sex with a minor is unlawful, it is called “statutory” rape, meaning that it is a form of rape merely because a state law says that it is.
Regardless of whether you agree with statutory decree, having sex with a minor will be punishable as a criminal offense, even if it was entirely consensual. The fact that the minor was a willing participant will not help you maintain your innocence because a minor does not have the legal ability to give adequate consent.
However, a willing minor participant can help rule out any allegation of forceful rape. This is an important distinction because rape (Penal Code Section 261) will very likely incur a lifetime requirement to register as a sex offender Pursuant to Penal Code Section 290. Therefore, keep in mind that although many sex crimes do expose you to a lifetime registration requirement, simply having sex with a minor with no allegation of force, will not.