What Is the Age of Consent in California?
California law is precise in that only someone over the age of 18 years old can consent to have sexual intercourse. Unlike other states, there are no so-called “Romeo and Juliet” laws in California that allows minors to consent to sex. This is true regardless of whether the other party is a minor as well. Anyone in California having sex with a minor may be guilty of the crime of unlawful sexual intercourse.
California’s Lack of a Romeo and Juliet Law
A Romeo and Juliet law amends the age of consent to allow minors to legally engage in sexual intercourse with people near their same age. Because the age of consent is a state law in the United States, each state can have its own rules for when someone is considered old enough to give permission for sex.
Romeo and Juliet laws suppose that minors may be developed enough to grant consent so long as the other person or persons are of relatively similar ages. For example, Texas has a Romeo and Juliet law that gives anyone over 14 years old the right to consent to sex, so long as their partner is within three years of them and is also over 14. Therefore, a 20-year-old would legally be allowed to sleep with a 17-year-old in Texas. That is not true in California.
Unlawful Sexual Intercourse Law in California
Generally, having sex with someone who has not consented to intercourse is considered rape. If the person you slept with was unable to agree because they were a minor, the crime is ordinarily referred to as statutory rape. In California, statutory rape is governed by the crime of unlawful sexual intercourse.
Unlawful sexual intercourse laws criminalize any consensual sex with a minor. Technically, this would include two 17-year-olds having sex as part of a romantic relationship. However, California typically does not prosecute teenagers sleeping with other teenagers, especially once they are 17.
You can defend yourself from a charge of unlawful sexual intercourse by arguing you had an honest belief your partner was over 18 years old and was legally consenting to sex. For example, if the minor showed you an ID stating they were over 18 or were in a bar or club with an 18+ admissions policy, you can claim you honestly thought they were old enough. Unless the minor obviously looks under 18, you can use this defense to avoid penalties.
Punishments Available for Sex Under the Age of Consent
There are various penalties in California for unlawful sexual intercourse. Unless there are other related charges, you will not be forced to register as a sex offender after a conviction. You have to compare the minor’s age to the accused’s to determine how severe the punishment will be. The age comparison is made at the time the unlawful sexual intercourse is alleged to have occurred.
If you are within three years of age of the minor (for example, you are 20 years old and they are 17), you will face a misdemeanor charge and up to six months in county jail and a $2,000 fine.
Misdemeanor or felony charges are available if the difference between you and the minor is more than three years of age (for example, you are 21 and they are 17). If charged as a misdemeanor, you can spend a year in county jail, while a felony charge carries a maximum sentence of three years in jail and a $10,000 fine.
The harshest punishments are reserved for people 21 years old or older who are convicted of unlawful sexual intercourse with minors under 16 years old. You can face felony charges leading to four years in jail and a $25,000 fine in this scenario.
If you have been charged with unlawful sexual intercourse in Newport Beach, California, partnering with an experienced legal defense team is crucial. Reach out to Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule an no-obligation consultation today.
