Statutory Rape Laws in California
November 27, 2024Statutory rape is nonforcible sexual intercourse with a minor, with both persons consenting to the sexual activity. With the state’s age of consent being 18 years of age, it is considered statutory rape for an adult to have sex with anyone underage that is not his or her spouse. The state imposes strict punishments for offenders, with the authorities quick to charge anyone who meets the above-described criteria.
If you have been accused of having sex with a minor, our California sexual crime defense lawyers are prepared to advocate on your behalf.
Penalties Under the California Penal Code
Under Penal Code §261.5 PC, a person may be charged with statutory rape for engaging in sexual intercourse with a minor. Civil penalties under the law will depend on your age and the age of the minor:
- If the minor is less than two years younger than you, then you may be fined up to $2,000
- If the minor is two or more years younger than you, then you may be fined up to $5,000
- If the minor is at least three years younger than you, then you may be fined up to $10,000
- If the minor is under 16 years of age and you are at least 21 years old, you may be fined up to $25,000
- If there is no more than a three-year age difference between yourself and the minor, then you will be charged with a misdemeanor. This is punishable by up to one year in jail and/or a fine of $1,000.
- If there is more than a three-year age difference, this is a wobbler offense. You may be charged with a felony or misdemeanor. The criminal penalties for a felony involve 16 months, 2 years, or 3 years in county jail and a maximum fine of $10,000. If you are charged with a misdemeanor, you face up to one year in jail and/or a $1,000 fine.
- If you are 21 years of age or older and the minor is under 16 years old, this is also charged as a wobbler offense. If charged as a felony, you may be imprisoned for up to four years, with a potential fine of $10,000. As a misdemeanor, you may receive a one-year jail sentence and a fine of $1,000.
Why Should I Hire a California Criminal Defense Lawyer?
Statutory rape is a strict liability crime, meaning that the defendant does not need to know that he or she is doing something wrong to be charged or even convicted. Defenses such as mistake of age or consent that may be available in other sexual offenses are not available for statutory rape. This makes crafting a unique defense even more crucial.
At Bamieh & De Smeth, PLC, our California criminal defense lawyers understand the impact that a criminal conviction will have on your life. It can prevent you from pursuing your dream job, renewing professional licensure, and even impact a custody or visitation order. Although a statutory rape charge is serious, it is important that the prosecution provide the necessary evidence to convict you. If there is any question regarding whether the sexual relations did occur, we will craft a defense that places doubt in each juror’s mind.
Accused of Statutory Rape? Speak with Our California Sexual Crime Defense Lawyers Today
If you are under investigation for statutory rape, our Ventura criminal defense lawyers are here to help. Given the negative consequences that a statutory rape conviction can have on your life, we make it our mission to protect your liberty at all costs. To schedule your free case evaluation and get started, contact us online or by phone.