![]() Anyone who is facing charges for unlawful sex with a minor should seek the assistance of an experienced Los Angeles criminal defense attorney immediately. If someone gets hurt – physically or emotionally – or if concerned parents catch wind of sexually-charged teenage relationships, the consequences can be very serious. Under the law, teenagers do not have the legal capacity to decide to engage in sexual intercourse. Consent is Not a Defense to Statutory Rape Penalties for statutory rape can be aggravated if the adult holds a position of power over the minor, if the minor sustains an injury, or if the sex is not consensual. The felony charge can result in up to four years in a California state prison. Again, the charge will ultimately depend on factors relevant to the parties and their sexual relationship. If a 15-year-old has sex with a 21-year-old, the adult in that scenario can face misdemeanor or felony statutory rape charges. Sex Between Someone Younger Than 16 With Someone Who’s At Least 21 As a felony, a conviction can result in 12 months, two years, or three years in a County Jail. The adult’s criminal record, the number of years between the adult and minor, and whether the sex was consensual might all be relevant factors.Īs a misdemeanor, this sex crime carries a maximum of 12 months in a County Jail. It typically depends on the circumstances of the crime and relevant facts. That means it can be a misdemeanor or a felony. When the age difference exceeds three years, the crime becomes a wobbler. Penalties can include up to 12 months in a Los Angeles County Jail, fines, and probation. When the age difference between the adult and the minor is less than three years, the crime of unlawful sex with a minor is typically a misdemeanor. Specifically, it primarily depends on the age difference between the individuals involved. What Are the Penalties For Having Sex With a Teenager in California? It’s not a crime to have consensual sex with your spouse, even if they’re under the age of 18. The only exception to the state’s strict age of consent law involves couples who are married. So, it’s possible that teens involved in a sexual relationship could face criminal charges. That’s because, under Texas’s Romeo and Juliet law, teens can have sex as long as both teens willingly engage in the act, they’re close in age and at least 14 years old, and neither is a registered sex offender.Ĭalifornia does not have a Romeo and Juliet law. For example, in Texas, consensual sex between a 16-year-old and a 17-year-old wouldn’t necessarily violate the state’s statutory rape law, even though the age of consent in the state is 17. Some states have laws that carve out an exception when two teenagers who are both minors close in age have sex. Does California Have a Romeo and Juliet Exception? In California, sexual intercourse is defined to mean “any penetration, no matter how slight, of the vagina or genitalia by the penis.” Under state law, ejaculation isn’t required for an act to be considered sexual intercourse. California Penal Code 261.5 PCĪccording to Penal Code 261.5 PC, it is a crime for a person who is at least 18 years old to have sexual intercourse with a minor. What happens if Joe and Jenn decide to have sex, anyway? Joe could potentially face criminal charges for statutory rape under California Penal Code 261.5 PC. Under the law, it is quite clear – it’s illegal for Joe and Jenn to have sex. It doesn’t matter that they’re both in the same grade or that both might be eager to get it on. ![]() Under California state law, Joe has the ability to consent to engage in sexual intercourse. Let’s say that 18-year-old Joe and 17-year-old Jenn are dating. What Happens If a 17-Year-Old Has Sex With an 18-Year-Old? In the state’s eyes, anyone under the age of 18 lacks the capacity to make an informed decision. That’s true, even if both parties involved want to have sex. That means that anyone under the age of 18 cannot legally consent to have sex. The Age of Consent in California is 18Ĭonsent refers to the legal ability to willingly agree to do something. That’s why it’s critical to understand what the age of consent is in California and what the potential consequences of having sex with a teen. When sex involves anyone under the age of 18, things can get complicated. Can a 16-year-old date an 18-year-old? Can a 15-year-old date a 19-year-old? Is it okay for teens to have sex if both are fully on board and want to willingly engage in the act? These questions – or similar variations – are asked more frequently than you might think.
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