Our criminal law attorneys can help you fight a statutory rape case. If you have been arrested for statutory rape in Northern California, request a free consultation with our Fresno criminal defense attorney at The Law Office of Brian C. Since there is no such law in California, two individuals both under the age of 18 who consensually engage in sexual activity can both potentially be charged with statutory rape. Keep in mind, California does not have a close-in-age exemption-or “Romeo and Juliet laws.” What is the Romeo and Juliet law? These laws are put in place to prevent individuals who are close in age with one another or below the age of consent to engage in consensual sexual activity. Felony statutory rape involves a defendant who is older than 21 years of age and the victim who is 16 years old or younger. Misdemeanor statutory rape involves a defendant no more than three years old than the victim. A misdemeanor offense is punishable by a maximum jail sentence of one year and a fine of up to $1,000, while felony offense carries a maximum prison sentence of four years and a fine of up to $10,000. Statutory rape is considered a wobbler, which means it is a crime that can be a misdemeanor or a felony. Such activity may lead to statutory rape charges. This means anyone younger is cannot legally provide such consent. The age a person must be to consent to sexual activity in California is 18 years of age. Ahmed for a free case evaluation by calling (510) 907-6600. Looking for an Oakland criminal lawyer to defend you against sex crime charges? Contact the Law Office of Nabiel C. Related: Possible Outcomes of a Criminal Case 261.5(a), they could face a civil penalty of up to $25,000 in addition to any other sentencing and fines imposed. In California, statutory rape is a “wobbler offense.” Meaning, it can be prosecuted as a misdemeanor or a felony depending on the facts of the case, namely the age difference between the minor and the defendant. 2615(5), a “minor” is someone who is under the age of 18. Section 261.5(a) of the California Penal Code reads, “Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.” Under Sec. Unlawful Sexual Intercourse Under the CA Penal Code Since this happens, some states have enacted what are called “Romeo and Juliet” laws that protect young people who engage in consensual sex with minors who are close in age.ĭoes California have a Romeo and Juliet law to protect individuals who have sex with minors who are close to their age? No, California does NOT have a Romeo and Juliet law on the books.įor example, even if an 18 or 19-year-old man has sex with a 17-year-old girl, he could still be prosecuted for statutory rape, especially if the girl’s parents were determined to press criminal charges. They also have sex with people in their twenties and thirties. It’s no secret – teenagers sometimes have sex with 18, 19, and 20-year-olds. Does California Have a Romeo & Juliet Law? Our firm has handled thousands of cases and is here to defend your best interests and your future. Have you been accused of statutory rape? Do not hesitate to contact the skilled defense attorney at the Law Office of Nabiel C. Therefore, if an adult age 18 or older has sex with someone who is 17 or younger, they can face criminal charges under California’s statutory rape law. And if an adult engages in sexual intercourse with a minor, they break the law and can be subject to criminal prosecution.įor example, if a teenager is 17-years-of-age or younger, he or she cannot legally consent to sexual activity. This means that in order for someone to voluntarily engage in sexual activity, they must be at least 18-years-of-age. While this is a non-issue if such a relationship exists between two “consenting adults” who are at least 18-years-of-age or older, it can be downright illegal if one of the parties is a minor (someone who is under the age of 18) and the other is an adult (age 18 or older).Ĭontact Us What Is the Age of Consent in California?Įach state has enacted its own “age of consent law.” The age of consent refers to the legal age that someone can “consent” to sexual intercourse. This means that anyone under the age of 18 is considered a minor and cannot legally consent to sexual activity. After all, it’s not unusual for couples with an age difference of 5, 10, or even 20 or more years to meet, fall in love, get married and enjoy a long and happy life together. The age of consent in California is 18 years old. It’s very common for people of different ages to be attracted to each other. What Is the Age of Consent in California? Transportation of a Controlled Substance.
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