![]() The victim is under 16 years old, and the defendant is over 21 years old (Tier 1 offense).The victim is over 14 years old but under 18 years old, and the defendant inflicts force or threat to the victim (Tier 3 offense).The victim is under 14 years old, and the defendant inflicts force or threat to the victim (Tier 3 offense).The victim is under 14 years old, and the defendant is ten years older than the victim (Tier 2 offense). ![]() However, there are specific situations when oral copulation is considered a felony. Generally speaking, the punishment for violating this law is a wobbler. But due to numerous confusion with another law, the court moved to renumber the said law. The law was formerly known as Penal Code 288a. Penal Code 287Ĭalifornia Penal Code 287 makes it a crime to have consensual oral sex with a minor under 18. If considered a felony offense, the defendant will face up to four years imprisonment and $10,000 fines. In addition, the defendant will also have to pay up to $1,000 penalty fines. Misdemeanor offenses are punished with up to a one-year county jail sentence. Otherwise, it will either be a felony or misdemeanor, depending on the nature of the offense. The law states that if a victim and their perpetrator have less than three years difference in age, their offense will be a misdemeanor. According to this law, statutory rape is a wobbler offense. Penal Code 261.5 is also referred to as The Statutory Rape Law. The following local statutes are in effect to keep the safety of minors below 18 years of age: Penal Code 261.5Īs established in previous sections, this statute is the primary law protecting the rights of minors from statutory rape. Other than Penal Code 261.5, other regulations are set to punish offenders depending on the nature of their sex crime against minors. The state of California punishes sexual offenders with grave consequences. Statutory Rape LawsĬalifornia Law established numerous laws to protect minors from sexual assault. This tier contains the most severe sexual crimes with severe punishments. Under California’s new registration act, statutory rape is a third-tier crime. In addition, being convicted of statutory rape will need you to register as a tier three sex offender. The court can punish a convicted individual with years of imprisonment and hefty penalty fines. You will face serious criminal consequences if you are incriminated against statutory rape under California Penal Code section 261.5 PC. ![]() Regardless of whether the sex is consensual or not, a convict can still be held liable for their actions. This statute makes it a crime for an adult to have sex with a minor. Prosecutors can also charge defendants with this offense for other types of inappropriate sexual contact.Ĭalifornia Penal Code 261.5 is also known as the statutory rape law. Sexual interaction with a minor under 18 is defined as statutory rape. Ejaculation is not needed to confirm intercourse, and even a slight “touch” is considered a sexual interaction. This includes oral sex, anal sex, or vaginal sex. The legal definition of sexual intercourse refers to any form of sexual penetration. Violators of this statute will receive a statutory rape charge. The punishment of this law extends to young adults aged 18 years old who had sex with minors below the age of consent. California sets harsh punishments for these predators.Ĭalifornia Penal Code 261.5 establishes the law for unlawful sexual relations. An adult caught having sex with a minor below the age of consent will be subjected to severe criminal liability. ![]() What Is California’s Age Of Consent For Sex?Īccording to California Law, individuals aged 18 and above can legally partake in consensual sex. Contact A Criminal Defense Attorney At Summit Defense To Learn More.Are You Accused Of Statutory Rape In California? Know Your Legal Defenses.Exception Where A Minor Can Have Sexual Relation With An Adult.Is “Romeo And Juliet Law” Applicable In California?.What Is California’s Age Of Consent For Sex?. ![]()
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