Will You Have To Register As A Sex Offender In California If The Minor Consented?

If you engaged in sexual activity with a minor in California, you may be wondering: will I have to register as a sex offender if the minor consented? The answer is most likely yes. In this post, we’ll break down California’s age of consent laws, sex offender registration requirements, and other key information you need to know.

Age of Consent Laws in California

First and foremost, it’s critical to understand that the age of consent in California is a firm 18 years old. Even if a minor who is 17 years and 364 days old consents to sexual activity, it is still legally considered statutory rape under California Penal Code Section 261.5. A minor’s consent is not a viable defense against criminal charges.

Key Age Thresholds in California Sex Crime Cases & How Age Impacts Charges and Penalties

While 18 is the age of consent, there are some other important age thresholds to be aware of in California sex crime cases:

• Under 18: Any sexual activity is illegal, regardless of consent
• Under 16: Penalties are increased for sexual contact with a minor under 16
• Under 14: Sexual activity is considered a violent felony with major penalties
• Under 10: Convictions for sexual contact carry even harsher potential sentences

So while consent is not a legal defense, the age of the minor does factor into the severity of charges and sentencing if convicted.

Does California Have Romeo and Juliet Laws?

You may have heard of so-called “Romeo and Juliet laws” that provide exceptions for consenting minors close in age, such as a 16 year old and 18 year old. However, California does not have a Romeo and Juliet law. Any sexual contact with a person under 18 is a crime, even if consensual and between two minors, for example a 17 year old and 16 year old who are dating.

That said, the close-in-age nature of the relationship could serve as a mitigating factor in whether charges are filed and in a potential resolution..

Mandatory vs. Discretionary Sex Offender Registration

Many sex crimes involving minors, especially those under 16 or 14, require mandatory lifetime sex offender registration under California Penal Code Section 290.

However, in some cases where the offender is within 10 years of age of the victim, a judge may have discretion regarding registration. For example, if a 20 year old has consensual sexual contact with a 16 year old, this is still a crime. But since they are within 10 years of age, a judge could potentially conclude that registration is not mandatory (depending on the specific details of the case).

A skilled criminal defense attorney can make a strong case against mandatory registration in these close-in-age situations, even though consent itself is not a defense.

How Apps and Social Media Can Lead to Serious Charges

Many cases we see stem from initial online interactions on dating apps or social media. Even if a minor represents that they are 18 in an online chat or dating profile, this does not provide legal protection if it’s discovered they are underage.

Be very wary of any digital communications indicating someone is a minor. If you meet up and engage in any sexual activity after they state they are underage online, you could face very serious charges. Continuing the online sexual conversation itself could lead to charges like child pornography as well.

Consult an Experienced California Sex Crimes Defense Lawyer

Ultimately, statutory rape and other sex crimes involving minors are prosecuted very aggressively in California. While consent is not a defense, factors like the ages of the parties involved and circumstances of the interaction can impact your case. However, many convictions  will require sex offender registration by law.

If you are facing charges or an investigation, the first thing to do is remain silent. Do not make statements to police, prosecutors, or the accuser. Immediately contact a San Diego sex crimes defense attorney to understand your rights and build the strongest possible defense strategy. With your freedom and future on the line, having experienced legal counsel by your side is essential.

At David P. Shapiro Criminal Defense Attorneys, our seasoned San Diego sex crimes lawyers understand the high stakes in these cases. We will thoroughly review the unique facts of your situation to determine any potential mitigating factors and work tirelessly to fight the allegations and protect your future.

Call us today for a confidential consultation to discuss your case and legal options. Together we will ensure you understand your rights and explore every available defense.