It is against California law to engage in sexual intercourse with someone under the age of 18.
Age of consent laws can be tricky, and often confusing for young people involved in romantic relationships. If you are a freshman in college and dating a high school senior, that isn’t necessarily inappropriate — but it could be against the law if you have sex and your partner is under the age of 18.
These laws exist for a good reason: because we want to protect children. Teenagers often make poor choices, and may even be conned into sexual relationships with much older adults because they are made to feel special. This is all the more common with the availability of smart phones, the internet and dating apps.
Yet not every statutory rape charge involves an older adult preying on a child. There are many cases where two teens are engaged in a consensual romantic relationship, and it ends with a criminal charge. As an experienced Orange County criminal defense lawyer can explain, that is why it is so important for everyone to understand California’s age of consent laws.
In California, engaging in sexual intercourse with someone under the age of 18. The only exception to this law is if the underage person is married to you. In California, there is no minimum age for marriage; however, anyone under the age of 18 must have parental consent and a court order in order to legally marry.
The penalty for statutory rape (also known as unlawful sexual intercourse with a minor) depends on a number of factors, including the age difference between the parties. If the minor is less than 3 years younger than you, it is a misdemeanor offense. If the person is more than 3 years younger than you, it can be charged as either a felony or misdemeanor crime. If you are at least 21 years old and the minor is younger than 16, then you will be charged with a felony and subject to imprisonment in California state prison. In addition, you may be subjected to civil penalties depending on the age difference:
- Less than 2 years younger than the adult: $2,000
- At least 2 years younger than the adult: $5,000
- At least 3 years younger than the adult: $10,000
- Under the age of 16 if the adult is over the age of 21: $25,000
There are numerous defenses to statutory rape charges under California law. As an experienced Orange County criminal defense lawyer can explain, consent is never a defense to this charge. However, your attorney may be able to argue that you honestly believed that the minor was 18 or older based on the facts of the case. For example, if you met the alleged victim at a bar, it would be reasonable to assume that she or he was 21 or older. Your Orange County criminal defense lawyer may also argue that the allegations against you are false.
Under current California law, a statutory rape conviction does not require registration as a sex offender. However, some related acts do require registration as a sex offender, including lewd or lascivious acts with a child.
If you have been charged with statutory rape or any related sex crime, the Chambers Law Firm is here for you. Contact us anytime at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation, or to learn more about how we can help you.
