What is statutory rape? As defined by the FBI, statutory rape is characterized as unforced sexual intercourse with a person under the legal age of consent.

In California, the age at which a person can no longer become a victim of statutory rape is 18 years old. Statutory rape law in California is titled “Unlawful Sexual Intercourse” and can be located within the California Penal Code, Title 9, Chapter 1, Section 261.5.

In California, it is a violation of state law to have sex with a person under the age of 18. It is also a violation of state law for 2 people under the age of 18 to have sex.

Adults who have sex with minors can be charged with “unlawful sexual intercourse” in the state of California. This crime could be classified as a misdemeanor or a felony depending on certain factors including, but not limited to:

  1. Previous criminal record of the aggressor
  2. The age of the minor involved.
  3. The age difference between the minor and the aggressor.

Prior to 1993, California law primarily granted “victim” status to women. After 1993, the laws changed to a “gender neutral” position and there have been numerous cases of women accused of perpetrating this crime.

Sex between two consenting minors is a violation of state law and charges can be filed against one of the minors involved. Although laws are now gender neutral, it is still men who are most commonly prosecuted as perpetrators in cases involving consenting heterosexual minors.

Juvenile court judges have the authority to recommend the transfer of juvenile cases to adult court in a variety of circumstances.

Is it a felony or misdemeanor?
Section 261.5

  • (b) If the perpetrator is less than 3 years older than the victim = Misdemeanor
  • (c) If the perpetrator is more than 3 years older than the victim = Misdemeanor or Felony
  • (d) If the perpetrator is 21 and the victim is under 16 = Misdemeanor or Felony

What are the possible jail times and fines for these crimes if convicted?

If convicted under (b) above:

  • (b) Misdemeanor = possible jail time up to 1 year
  • (b) Misdemeanor = Civil Penalty of up to $2000 if the minor is less than 2 years younger
  • (b) Misdemeanor = Civil Penalty up to $5,000 if minor is at least 2 years younger

If convicted under (c) above:

  • (c) Misdemeanor = possible jail time up to 1 year
  • (c) Felony = possible jail time of up to 16 months, 2 years or 3 years in prison
  • (c) Felony or Misdemeanor = Civil Penalty up to $5,000 if minor is at least 2 years younger
  • (c) Felony or Misdemeanor = Civil Penalty up to $1000 if minor is at least 3 years younger

If convicted under (d) above:

  • (d) Misdemeanor = possible jail time up to 1 year
  • (d) Felony = possible prison sentence of 2, 3 or 4 years
  • (d) Misdemeanor or Felony = Civil Penalty up to $25,000

Within the statute, the law is classified and the punishment is defined by the difference in age. A California prosecutor is free to determine whether the charges will be misdemeanors or felonies in many cases.