California Statutory Rape Laws

Engaging in consensual sexual activities with a minor can result in criminal charges in California. These age-based offenses are commonly referred to as statutory rape.

What Is the Age of Consent in California?

In California, the age of consent is 18. Anyone who engages in sexual activity with a child younger than 18 can face charges for statutory rape offenses. For these age-based sexual offenses, it's immaterial whether the child consented to the activity or not. The child's age is the important fact, as it determines whether that person can legally consent to sexual activities.

California's Statutory Rape Laws

Like most states, California law doesn't have a crime called "statutory rape." Rather, these crimes are prosecuted under California's sex crimes laws. Penalties depend on the ages of the defendant and victim and the sexual conduct that occurred. Repeat convictions can result in harsher penalties.

The following definitions of sexual conduct apply to the statutory rape crimes listed below.

Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis.

Sodomy means any penetration, no matter how slight, of the anus of one person by the penis of another person.

Sexual penetration involves the penetration, no matter how slight, of the genital or anal opening of another by a body part (not a penis), object, or substance for sexual arousal.

Oral copulation refers to any contact, no matter how slight, between the mouth of one person and the sexual organ of another.

Lewd or lascivious acts means, with the intent to arouse, appeal to, or gratify sexual desires of either party, the defendant:

• touched any part of the child's body on bare skin or through clothing, or
• caused a child to touch their own body, the defendant's body, or another's body on bare skin or through clothing.

(Cal. Penal Code §§ 286, 287, 289 (2024).)

What Are the Penalties for Statutory Rape Offenses in California?

This article groups California's statutory rape crimes primarily by the sexual conduct involved, with the exception of sexual conduct with a child 10 or younger.

Sexual Conduct With a Child 10 or Younger

An adult (18 or older) who engages in any sexual conduct with a child 10 or younger commits a serious felony in California. If the parties engage in sexual intercourse or sodomy, the defendant faces 25 years to life in prison. Engaging in oral copulation or sexual penetration carries 15 years to life in prison.

(Cal. Penal Code § 288.7 (2024).)

Unlawful Sexual Intercourse With a Minor

A person who engages in unlawful sexual intercourse with a minor can face the following penalties.

Adult 21+; minor under 16. If the defendant is 21 or older and the minor is younger than 16, the offense is a wobbler. A convicted defendant faces up to 364 days in county jail or 2, 3, or 4 years in prison.

Age difference more than 3 years. If the minor is more than 3 years younger than the defendant, the penalty is a wobbler, punishable by 364 days of jail time or 16 months, 2 years, or 3 years in prison.

Age difference 3 years or less. If the minor is not more than 3 years older or younger than the defendant, the penalty is a misdemeanor that carries a maximum 6-month jail sentence.

(Cal. Penal Code §§ 18, 19, 261.5, 1170 (2024).)

Sodomy, Sexual Penetration, or Oral Copulation With a Minor

Engaging in sodomy, sexual penetration, or oral copulation with a minor carries misdemeanor or felony penalties, depending on the ages of the parties.

Minor under 14; defendant 10+ years older. If the minor is younger than 14 and the defendant is more than 10 years older, the crime carries felony penalties of 3, 6, or 8 years of prison time.

Adult older than 21; minor under 16. A defendant over the age of 21 commits a felony if the minor is younger than 16. A convicted defendant faces up to 364 days in jail or 16 months, 2 years, or 3 years of prison time.

Minor under 18. All other offenses involving a minor younger than 18 are misdemeanors, punishable by up to 364 days of jail time.

(Cal. Penal Code §§ 286, 287, 289 (2024).)

Lewd or Lascivious Acts With a Minor

A person who engages in lewd or lascivious acts with a minor younger than 16 faces possible felony penalties.

Minor under 14. If the minor is younger than 14, the defendant commits a felony punishable by 3, 6, or 8 years in prison.

Minor 14 or 15. A defendant who's at least 10 years older than a 14- or 15-year-old faces up to 364 days in jail or 1, 2, or 3 years of prison time.

(Cal. Penal Code § 288 (2024).)

Does California Have a Romeo-and-Juliet Law?

In many states, "Romeo and Juliet" exceptions—named for Shakespeare's teenage lovers—protect young people from harsh criminal charges for engaging in consensual sexual conduct with others close to their own age.

California's Romeo-and-Juliet exemption is very limited and serves only to reduce (not eliminate) potential penalties. The law reduces the penalty from a felony to a misdemeanor in cases involving consensual sexual intercourse between a minor (older than 11) and a person not more than 3 years older.

Possible Defenses to Statutory Rape Charges in California

Defendants charged with sex-related crimes of minors in California have several potential defenses available to them. At the same time, the law prohibits or limits the use of certain defenses.

Actual innocence. Defendants charged with statutory rape or a similar crime have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur."

Consent. While many offenders attempt to use consent as a defense, this does not constitute a sufficient defense in statutory rape prosecutions involving a victim younger than 18.

Mistake of age. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. Unlike most states, California allows a mistake-of-age defense in some statutory rape cases. (Cal. Penal Code § 26 (2024); Cal. Crim. Jury. Inst. 3406, Mistake of Fact (2024).)

Marriage. California has a marital exemption for statutory rape that allows married people to have consensual sex even if their ages would prohibit it if they were not married. The marital defense is a remnant of the marital rape exemption.

Does a Statutory Rape Conviction Require Sex Offender Registration in California?

California's Sex Offender Registration Act requires people convicted or adjudicated of most statutory rape crimes to register. Exceptions exist for the crimes of unlawful sexual intercourse with a minor and sodomy, sexual penetration, and oral copulation when the defendant is less than 10 years older than the minor.

Registration requirements vary depending on the offense and age of the defendant. Failure to register is a crime.

(Cal. Penal Code §§ 290, 290.008, 290.018 (2024).)

Talk to a Lawyer

If you're facing statutory rape charges or an investigation, contact an experienced criminal defense attorney as soon as possible. A lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to the unique circumstances of your case. A knowledgeable attorney can also advise you on how the law will apply to your set of facts.