For two people to legally be in a sexual relationship together, both parties need to be of the age of consent. If you’ve heard about “age of consent” laws but aren’t sure how they work in California, you’re not alone.
So, what is the age of consent in California, and how does it affect sexual relationships involving minors? The answer is critical because California enforces some of the strictest age-of-consent and statutory rape laws in the nation.
Here’s a breakdown of the law, its purpose, penalties, defenses, and what you should know about relationships that involve age differences.
What Is the Age of Consent in California?
In California, the age of consent is 18. There is no wiggle room here. That means anyone under 18 years old cannot legally consent to sexual activity. Even if a minor willingly participates, the law considers them legally incapable of giving valid consent.
If an adult engages in sexual activity with a minor (even if both parties agree and there’s no force or coercion), it can mean criminal charges under California Penal Code § 261.5 (statutory rape).
This law applies regardless of the gender of either person and doesn’t require proof of force or violence. It’s enough that one person is under 18 and the other is an adult.
What Is the Purpose of the Legal Age of Consent?
Age of consent laws protect minors from being exploited or manipulated by older people who may have more power or control.
The law assumes that minors don’t yet have the emotional or mental maturity to make fully informed decisions about sexual relationships, especially with adults.
These rules:
- Protect minors from sexual exploitation and abuse
- Deter adults from pursuing relationships with underage individuals
- Create clear boundaries for what’s legally acceptable in sexual conduct
Statutory Rape | Penal Code 261.5
California’s Penal Code § 261.5 (PC 261.5) defines unlawful sexual intercourse as:
“Sexual intercourse with a person who is under the age of 18 years and who is not the spouse of the perpetrator.”
The main factor is age. The law focuses on whether the younger person is a minor, not whether they appeared to consent.
Degrees of Statutory Rape
The penalties for violating PC 261.5 depend on the age difference between the minor and the adult:
- If the adult is less than three years older than the minor, it’s usually charged as a misdemeanor.
- If the adult is more than three years older than the minor, it can be charged as either a misdemeanor or a felony (“wobbler”).
- If the minor is under 16 and the adult is 21 or older, it’s a felony offense.
The “Romeo and Juliet” Law in California
You might’ve heard of so-called “Romeo and Juliet” laws that protect young couples who are close in age from being criminally prosecuted for consensual sexual relationships.
California doesn’t have a true Romeo and Juliet law that automatically shields minors or young adults from statutory rape charges.
“That said, California’s laws do give prosecutors a degree of discretion the age gap is small.”
For example, if both people are teenagers or the adult is less than three years older than the minor, the case will usually be treated as a misdemeanor rather than a felony. However, even then, it’s a crime.
Why It Matters
Without a Romeo and Juliet law, even consensual teenage relationships can technically violate PC 261.5.
Penalties Under PC 261.5
Violating California’s statutory rape law can carry serious consequences, even for first-time offenders. Here’s what you could face depending on the charge:
Misdemeanor Statutory Rape
- Up to 1 year in county jail
- A fine of up to $1,000
- Possible probation and required counseling
- A criminal record that can impact employment, education, and housing
Felony Statutory Rape
- 2, 3, or 4 years in state prison
- A fine of up to $10,000
- Formal probation
- Potential sex offender registration in more serious cases
Aggravating Circumstances
Other factors can make the penalties more severe, including:
- A large age gap (especially if the minor is under 16)
- Evidence that the relationship wasn’t consensual or that the minor was coerced or manipulated
- The presence of multiple victims or repeated offenses
Even if you believed the relationship was consensual, California law doesn’t recognize that as a defense when one party is under 18.
Defenses to Statutory Rape Charges
Being accused of statutory rape doesn’t automatically mean you’ll be convicted. An experienced criminal defense attorney can use several different defenses depending on the situation.
1. Lack of Sexual Intercourse
If the prosecution can’t prove that sexual intercourse actually occurred, you can’t be convicted under PC 261.5.
2. False Allegations
Unfortunately, false accusations do happen, usually during breakups, custody disputes, or when parents disapprove of a relationship.
3. Mistaken Age (in limited cases)
While mistaken age is not usually a defense in California, it might be relevant for sentencing or plea negotiations if the minor misrepresented their age and the adult’s belief was reasonable.
4. Insufficient Evidence
If the prosecution’s case relies only on testimony without physical evidence, your attorney can challenge it or seek dismissal for lack of proof.
5. Violation of Constitutional Rights
If police obtained evidence through an illegal search, interrogation, or seizure, that evidence can be suppressed.
Can an Adult Marry a Minor in California?
Technically, yes, an adult can marry a minor in California, but only under very strict conditions.
California doesn’t set a minimum age for marriage, but it requires both parental consent and court approval for anyone under 18. The court has to conduct interviews and make sure that the minor understands the consequences.
That said, marriage does not automatically legalize sexual activity that happened before the marriage. So, you could still be charged with statutory rape under PC 261.5.
Contact a Criminal Defense Attorney
Facing a statutory rape charge under Penal Code 261.5 is one of the most serious accusations under California law. Even a misdemeanor conviction can have life-changing consequences, from jail time to a permanent criminal record.
A knowledgeable California criminal defense attorney can:
- Evaluate the evidence and identify weaknesses in the prosecution’s case
- Negotiate for reduced charges or dismissal
- Protect your rights during the investigation and trial
- Work to minimize the impact on your future
If you’re facing charges related to California’s age-of-consent laws, contact the Law Office of David L. Faulkner right away. Skilled legal guidance can make all the difference in protecting your rights and your future.
