On the other hand, if the minor is more than three years younger than the offender then the offender can be charged with either a misdemeanor or a felony. For more information, please see our article on Lawsuits by Crime Victims in California. In California the legal age of consent is Where the Money Goes According to California underage dating law, civil penalties covered by district attorney are used to pay for the cost of prosecution, with the remainder deposited in the underage pregnancy fund, used to help prevent underage pregnancy through appropriations by the California Legislature. For example, if a year-old man has consensual sex with a year-old girl who is not his wife, then he can be charged with statutory rape in California even if the teenage girl seduced him and he was unaware that she was underage. According to California law, an unlawful act of sexual intercourse occurs when an adult 18 years or older has sex with a minor under 18 who is not the spouse of the perpetrator. Anderson Cal. You can refer to our reviews page if you want to know what our clients have to say about us. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. Is the statute unconstitutional as applied to appellant who was a minor himself at the time of the alleged offense, and therefore, an individual within the class of persons protected by the statute? This assumption overlooks the fact that unlawful sexual intercourse is a general intent offense People v. Ranscht Cal.
For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. Any person who, since July 1, , has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section , , a, or , Section or committed with intent to violate Section , , , a, or , Section , except assault to commit mayhem, Section Civil Penalties Violators can also be subject to civil penalties depending on the age of the participants. The offense is complete under the statute, even though the female may have been at the time the wife of another. It is illegal for anyone to engage in sexual intercourse with a minor someone under the age of 18 , unless they are that person's spouse. Individuals aged 17 or younger in California are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. We can provide a free consultation in office or by phone. See also Penal Code The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape , although this is rare. The California Age of Consent is 18 years old. According to California law, an unlawful act of sexual intercourse occurs when an adult 18 years or older has sex with a minor under 18 who is not the spouse of the perpetrator. Meet Singles in your Area! The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. Be aware that the law may be more complex than the chart shows and that the information given is subject to change. On the other hand, if the minor is more than three years younger than the offender then the offender can be charged with either a misdemeanor or a felony. Those over the age of 21 engaging in sex with those under 16 are subjected to more harsh penalties. It is illegal for anyone over the age of 24 to have sex with anyone under the age of 18, unless they are married. If the People have not met this burden, you must find the defendant not guilty of this crime. California statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 18 who is not their spouse. What Is the Age of Consent? Any person who, since July 1, , has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section , , a, or , Section or committed with intent to violate Section , , ,. In these states, such as Texas, the age of consent is determined by age differentials between the two persons and limited by a minimum age. Click any charge for more detailed information. Moreover, the Manchel court ignores the possibility that the district attorney might offer, and an offender might accept, a plea to violating section Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense. A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under Section , , , a, or
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