The current California age of consent laws unambiguously define the age of consent as 18. However, there are some nuances you should be aware of if you are facing a criminal case involving sexual activity.
The California Age of Consent
The age of consent in California is set the same as the age of majority: 18. If someone is younger than that, they are not able to consent to sex in legal terms—even if they agree to it or initiate it. Adults who have sexual contact of any sort with minors can be charged with statutory rape.
Misdemeanor vs. Felony Statutory Rape
Whether statutory rape is considered a misdemeanor or a felony depends on the circumstances of the case and the age of the parties involved. If both parties involved are under 18, prosecution is unlikely unless one of them is more than three years older than the other. However, there is no explicit “Romeo and Juliet” law on the books preventing the prosecution of people who are only a few years older than their minor partners.
When minors are charged with statutory rape, it’s typically a misdemeanor charge. California courts often search for alternative sentencing, such as counseling, as opposed to incarceration. If you are an adult who is less than three years older than the alleged victim, you’ll also face misdemeanor charges. The penalties can include:
- Up to a year in jail
- Fines of up to $1,000
- Summary probation
If you are more than three years older than the alleged victim, are 21 years of age or older, or the alleged victim is under 16, you’ll be charged with felony statutory rape. In this case, the penalties include:
- A maximum of four years in prison
- Fines of up to $25,000
- Formal felony probation
You could also face civil penalties. However, you will not be required to join the sex offender registry. There were a total of 324 felony sex offenses, including felony statutory rape, in Orange County in 2024.
Does Consent Matter?
If the alleged victim of a statutory rape is under the age of 18, it doesn’t matter whether they consent to sex or not. They can initiate the sexual activity, and the adult is still the one responsible for committing a crime. However, if you are less than three years older than the alleged victim, having had their consent can make the difference between being charged with a misdemeanor or a felony.
Why Statutory Rape Laws Matter
The most obvious reason there are prohibitions in place against statutory rape is to protect minors. California has a teen birth rate of 9.1 births per 1,000 girls ages 15-19, indicating that statutory rape, which, as you recall, can also occur between two minors, continues to be a serious problem.
Pregnancy is not the only negative material outcome of teen sexual activity. California also has a rate of 23.6 cases of Chlamydia per 100,000 10 to 14-year-olds and 1,087.8 cases per 100,000 15 to 19-year-olds. In Orange County, those numbers are slightly lower at 17.8 cases per 100,000 10 to 14-year-olds and 813.2 cases per 100,000 15 to 19-year-olds.
Of course, there are also negative mental and behavioral health consequences for minors who engage in sexual activity, particularly with adults.
Potential Defenses in Statutory Rape Cases
One of the most common defenses against statutory rape is the claim that the defendant didn’t willfully violate the age of consent law because they reasonably believed the victim to be over 18. For this defense to be effective, it must be shown that the minor genuinely appeared older than they were.
It’s also possible to claim that statutory rape accusations are false. Accusers are sometimes motivated by jealousy or anger. If the defense can prove that the allegations are untrue, there should be no conviction. It’s often possible to refute false allegations by providing an alibi for the time when the statutory rape allegedly occurred.
FAQs
What Is the Legal Age Gap in California?
The legal age gap in California refers to the fact that there are certain exceptions to California’s age of consent laws. In general, the age of consent is 18. However, if you are a minor who is no more than three years older than another minor, the crime of statutory rape is considered a misdemeanor rather than a felony. Larger age gaps typically lead to felony charges.
Are 17-Year-Olds Adults in California?
17-year-olds are not adults in California. The age of majority is 18 years, which is the same as the age of consent. A 17-year-old cannot consent to sexual activity legally in the Golden State. If you are an adult having sexual relations with a 17-year-old, you could be arrested for statutory rape.
Is Under 21 a Minor in California?
Under 21 is not a minor in California. The age of majority in California is 18. However, there are some laws that restrict certain activities to adults over the age of 21. Drinking is the most well-known example. You must also be over the age of 21 to purchase recreational marijuana in the Golden State.
What Is the New Minor Consent Law in California?
The new minor consent law in California applies to healthcare decisions rather than sexual contact. AB 665 and AB 816 expand minors’ abilities to consent to certain types of healthcare, including mental healthcare and, in the case of older minors, opioid addiction treatment, without the consent of their parents. These new laws also ensure confidential access to sexual healthcare, contraception, and HIV-related services for anyone over 12.
Hire a Sex Crime Lawyer
If you’re facing charges for violating California’s age of consent laws, it’s time to hire a sex crime lawyer. You can trust Jacqueline Goodman, the founding attorney at The Law Office of Jacqueline Goodman, to help. She has extensive experience as a sex crime attorney and an in-depth understanding of California sex crime laws. She and her team of dedicated legal professionals can help with your sex crime case. Contact the firm to schedule an initial consultation today.