What is the Age of Consent in California?

The age of consent is the age at which a person is considered legally competent to consent to sexual acts. In California, the age of consent is 18 years old. This means that anyone who engages in sexual activity with a person under the age of 18 can face criminal charges, even if the minor consented to the act.

However, there are some exceptions and nuances to this rule that are important to understand, especially if you or someone you know has been accused of a sex crime involving a minor.

Statutory Rape Laws in California

Under California Penal Code 261.5 PC, it is illegal for any person to engage in sexual intercourse with a minor (someone under 18). This is known as statutory rape. The law is designed to protect minors who are not yet mature enough to give informed consent, even if they agree to the activity.

Statutory rape is a “wobbler” offense in California, which means it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the ages of the parties involved.

• If the minor is three years younger or less than the perpetrator, it is generally a misdemeanor.
• If the minor is more than three years younger, it can be a misdemeanor or a felony.

Misdemeanor statutory rape carries a potential sentence of up to one year in county jail, while felony convictions can result in up to four years in state prison.

Other Sex Crimes Involving Minors

In addition to statutory rape, California has several other laws criminalizing sexual activity with minors, such as:

• California Penal Code 288 – lewd or lascivious acts with a child under 14
• California Penal Code 288.2 – sending harmful or obscene material to seduce a minor
• California Penal Code 288.3 – contacting a minor with intent to commit a sexual offense
• California Penal Code 288.4 – arranging a meeting with a minor for lewd purposes
• California Penal Code 288.5 – continuous sexual abuse of a child
• California Penal Code 288.7 – sex acts with a child 10 years or younger

Many of these offenses are straight felonies that carry lengthy prison sentences and mandatory sex offender registration. Even if you had reason to believe the minor was over 18, that may not be a valid defense to most charges involving children.

“Romeo and Juliet” Laws

Unlike some states, California does not have a close-in-age exemption or “Romeo and Juliet” law that allows minors to legally have consensual sex with each other or with someone slightly over the age of 18.

In fact, there are no exceptions to the age of consent in California other than marriage. If an adult and minor who are legally married have consensual sex, then the adult has not committed a crime. However, it’s important to note that minors under the age of 18 generally cannot legally marry in California.

This means that any sexual activity between two minors or between a minor and someone 18 or older is still technically illegal under state law. The older participant could face statutory rape charges regardless of the consensual nature of the encounter.

However, it is rare for prosecutors to file charges when the sexual activity involves two minors. The law gives prosecutors discretion in deciding which cases to pursue. Many district attorneys are reluctant to charge teenagers or young adults who engage in consensual sexual activity with a peer.

That said, even if criminal charges are not filed, allegations of underage sex can still carry serious personal, social, and reputational consequences. It’s always best to wait until both parties are over 18 to avoid any potential legal issues.

Mistake of Age and False Accusations

In some cases, a person may have a reasonable, good faith belief that their sexual partner is over 18, only to later find out they were underage. Depending on the specific charge, this could be a defense to statutory rape. In fact, the prosecution must prove that the defendant did not have an actual and reasonable belief that the alleged victim was 18 or over.

False accusations can also occur in the context of statutory rape and other sex crimes involving minors. Perhaps the accuser is an angry ex or has some ulterior motive for falsely reporting an offense. In any case, it’s crucial to involve an attorney as soon as possible to investigate the allegations and mount an aggressive defense.

Consult a Sex Crimes Defense Lawyer

Accusations of sex crimes involving minors are among the most serious charges a person can face. A conviction for statutory rape or any offense involving a child can result in years behind bars, devastated personal and professional relationships, and lifetime registration as a sex offender.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.