What Is the Age of Consent in California?

Age of consent laws in California are a critical component in many criminal cases that revolve around sexual activity. At first glance, the law may appear simple. However, when it comes to defending yourself against an accusation, a relationship with a power imbalance, or two minors close in age, things are far more complicated than they appear. While many people wonder, “What is the age of consent in California?” the details are often more complex.

If you ever find yourself accused of a sex crime with age of consent issues, hire a sex crimes lawyer to help fight for your rights. A California sex crimes attorney understands the law and can help you through the legal process.

What Is the Age of Consent in California?

In California, the age of consent is 18 years old. This means that any person under the age of 18 is considered unable to legally consent to sexual activity, even if they agree to it or initiate the sexual conduct. If an adult has sexual conduct with a minor under 18 years of age, the adult may be charged with statutory rape, even if force or coercion was not used.

Understanding Statutory Rape

Statutory rape in California is covered under California Penal Code §261.5. It is illegal to engage in sexual intercourse with another person under 18 if the person engaging in sexual intercourse is an adult. It is charged as either a misdemeanor or a felony based on the age of the parties and the facts of the case.

If both parties are under 18, they may both be legally unable to consent, but prosecution is unlikely unless one is significantly older than the other or there is evidence of coercion. If one person is 18 or over and the other is a minor, the adult may be prosecuted, even if the couple is in a relationship and consenting to sex.

According to one source, California has the highest teen birth rate in the country, with three out of four fathers being adults, indicating statutory rape. Men over 25 father teen births twice as often as boys under the age of 18.

Do Close Age Gaps Make a Difference?

California is not one of the states that has an explicit “Romeo and Juliet” law on the books. An innocent age gap of just a few years could still lead to criminal charges. However, the relative closeness in age might be taken into consideration when making charging and sentencing decisions.

An 18-year-old who dates a 16-year-old is still likely committing a crime, just as a 30-year-old dating a 15-year-old would be. While the law allows some flexibility, it lacks the provision for total immunity from prosecution.

Can a Minor Be Charged?

Yes, a minor can be charged with a sex crime. While the intent of the law is to protect minors, situations occur where two minors have sex and one or both are charged – particularly if there is an accusation of force, violence, or a notable age difference. California courts frequently search for alternatives, such as juvenile court procedures or counseling services, but these solutions remain uncertain.

Digital evidence, such as nude photos, can make even a teen situation a serious matter, especially if the digital evidence was distributed. This can cause child pornography charges as well.

How Digital Behaviors Affect Age of Consent Charges

Age of consent laws are not limited to sexual intercourse. As electronic communication has become more widespread, sex crimes have often involved:

• Sexting between two minors or between a minor and an adult
• Possession or distribution of explicit images, even if meant casually
• Online solicitation of a minor

Under child pornography laws, any transmission or receipt of explicit material featuring minors constitutes a felony regardless of the minor’s consent. These cases often involve gray areas, such as when teens enter into relationships through internet chat or social media.

Hire a Sex Crimes Lawyer From Gibbons & Gibbons

Gibbons & Gibbons knows that allegations of a crime committed with or against a minor can be some of the most serious, stressful, and emotional criminal cases you may face. The team at Gibbons & Gibbons, A Law Corporation, has a deep understanding of how to provide each client with the greatest defense possible.

When you hire a sex crimes lawyer at Gibbons & Gibbons, A Law Corporation, we may be able to aggressively challenge the prosecution’s evidence and work toward having the charges against you dropped or reduced.

FAQs

Is the Age of Consent 16 or 18 in California?

The age of consent is 18 in California. This means that anyone under the age of 18 is considered not legally able to consent to sexual activity, especially with an adult. A person who engages with a minor sexually is subject to statutory rape charges and may face severe penalties, depending on the circumstances of the case, including jail time.

What Is the 16-21 Rule?

The term “16-21 rule” describes how numerous states allow 16 and 17-year-olds to legally consent to sex with partners who are less than five years older. Statutes like these are designed to allow consensual sexual relations with partners close in age. California is not one of those states, as any sexual conduct with someone under 18 can be the subject of prosecution.

Can Two Minors Legally Have Sex in California?

Technically, no, two minors cannot legally have sex in California. If two minors are under the age of 18, the law in California considers it statutory rape. However, prosecution is not as common, and law enforcement officers will use their discretion in these types of situations. Even though these matters are not always prosecuted, they are still illegal in California.

Is Sexting Between Two Minors Illegal in California?

Yes, sexting between two minors is illegal in California. California law includes images of nude or partially nude minors, even for the exclusive use of the sender and receiver. This includes images exchanged between two consenting teens, which may be classified as child pornography and result in a criminal charge. Education and early legal intervention are important when a minor is accused of this offense.

Contact Gibbons & Gibbons, A Law Corporation, Today

If you have been charged with a sex crime involving a minor, we know how serious these allegations can be. Gibbons & Gibbons, A Law Corporation, can help you build an appropriate defense. Contact us today to get started.