Criminal Defense Lawyers

Age Of Consent California

The Age of Consent in California: What You Need to Know

Introduction

Congratulations! You’ve finally found that special someone you want to spend the rest of your life with. But before you take that big leap into marriage or a serious relationship, there’s an important legal issue you need to understand – the age of consent in California.We know, we know…discussing the technicalities of age of consent laws isn’t exactly a romantic topic. But trust us, getting this right from the start can save you a world of trouble down the road. You don’t want to inadvertently break the law and risk serious criminal charges, not to mention the personal turmoil it could cause.So take a deep breath, and let the experienced attorneys at Spodek Law Group guide you through the key things you need to know about the age of consent in the Golden State. We’ll cover the laws, the nuances, and how to stay on the right side of the law when it comes to sexual relationships. It’s an admittedly awkward topic, but one that’s crucial for any responsible adult.Curious about the age of consent laws where you live? Unsure if you or a loved one may have violated these laws? Reach out to our team at 212-300-5196 for a free and confidential consultation.

What is the Age of Consent in California?

Let’s start with the basics – what exactly is the “age of consent” in California? In simple terms, it’s the age at which a person can legally consent to sexual activity.In California, the age of consent to have sex is 18 years old.That means anyone younger than 18 years of age cannot legally consent to sexual activity, regardless of their expressed willingness or the closeness in age between them and their partner. Having sex with someone under 18 constitutes statutory rape, a serious sex crime.The law makes no exceptions for sexual exploration between consenting teenagers close in age, or for those in a dating relationship. Once a person hits 18, they’re free to engage in sexual relations with other consenting adults. But any sexual contact before then is considered illegal, end of story.Did you know? While the age of consent is 18 in California, there is a “Romeo and Juliet” exception that can provide an affirmative defense against criminal charges in some situations involving minors close in age. More on that later!

Why 18 Years Old?

You might be wondering why the California legislature chose 18 as the magic age of consent. After all, different states have different age limits set, some as low as 16.The reasoning is that 18 is the age of legal adulthood in California. It’s when young people reach the age of majority and are considered capable of making mature decisions about things like voting, entering contracts, and yes – consenting to sexual activity.By setting 18 as the age of consent, California aims to protect minors from being coerced or exploited into sexual situations they may not fully understand or be able to consent to. The law recognizes that those under 18 are still developing mentally and may be more vulnerable to pressure from older individuals.

So What Exactly is Illegal?

Okay, so we’ve established that 18 is the age of consent in California for any sexual activity. But what acts are specifically prohibited?Under California Penal Code 261.5, any person who engages in an “act of sexual intercourse” with someone under 18 is guilty of statutory rape. This covers sexual penetration, no matter how slight, of the vagina or genitalia by the penis.The law also prohibits other sexual acts like oral copulation (oral sex) and sodomy (anal intercourse) with minors under Penal Codes 288a and 286 respectively. Essentially, any sexual contact or penetration involving a minor under 18 can be criminally prosecuted.It doesn’t matter if the minor understood the situation, felt they consented, or even initiated the sexual activity themselves. California has adopted a “no excuse” policy – the age of the victim is the only factor that matters.Example Scenario: John is 19 and dating a 17-year-old high school senior named Jane. They’ve been together for over a year and decide to take their relationship to a sexual level. Even though Jane is close to 18 and willingly consents, John would be committing statutory rape by having sex with her. Her legal inability to consent at 17 makes the act criminal.

The Penalties for Violating Age of Consent Laws

Violating California’s age of consent laws can result in very serious criminal penalties. The specific punishments depend on factors like:

• The age difference between the perpetrator and victim
• The type of sexual act involved
• Whether force, violence, or duress was used
• If the perpetrator was in a position of authority over the victim

Generally speaking, the charges and sentences become more severe the larger the age gap between the parties.Misdemeanor Unlawful Sexual IntercourseIf the perpetrator is no more than three years older than the victim, they may be charged with a misdemeanor offense under Penal Code 261.5(b). This is punishable by:

• Up to 1 year in county jail
• A maximum $1,000 fine
• Informal probation

Felony Unlawful Sexual IntercourseWhen the age gap is greater than three years, the charges get bumped up to a felony. Potential penalties include:

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• 16 months, 2 years or 3 years in state prison
• Up to $10,000 in fines
• Formal felony probation

If the perpetrator is over 21 and the victim is under 16, they face even harsher sentencing enhancements.Beyond jail/prison time and fines, a conviction for unlawful sex with a minor requires registering as a sex offender under Penal Code 290. This can have lasting impacts on employment, housing, and reputations.Did you know? Our attorneys have successfully defended many clients against charges of unlawful sexual intercourse with a minor. We know how to fight these cases! Reach out at 212-300-5196 for a free consultation.

Example Penalties

To illustrate the potential punishments, here are some example scenarios:

• John is 19 and has sex with his 17-year-old girlfriend Jane. With a 2-year age gap, John could face misdemeanor charges – up to 1 year in jail and $1,000 fine.
• Mike is 25 and has sex with 15-year-old Tina. The 10-year age gap makes this a felony case. Mike faces 16 months to 3 years in prison and up to $10,000 in fines if convicted.
• Bob is 22 and his 14-year-old neighbor willingly performs oral sex on him. Because the victim is under 16 and Bob is over 21, he could receive an enhanced sentence in addition to the standard felony penalties.

As you can see, even consensual sexual situations can quickly become criminal cases with life-altering punishments when a minor is involved. It’s why understanding and following the age of consent laws is so crucial.

The “Romeo and Juliet” Exception

Despite the strict age of consent laws, California does have a limited “Romeo and Juliet” exception that can provide an affirmative defense against criminal charges in some situations.This exception, created by the California Supreme Court in cases like People v. Hofsheier, recognizes that not all cases of sexual activity between an adult and a minor are exploitative or predatory in nature. It aims to prevent draconian punishments for consensual sexual contact between partners close in age.The Romeo and Juliet exception applies when:

• The victim is 14 or older
• The age difference between the parties is no more than 3 years
• The conduct was non-forcible and consensual

For example, if an 18-year-old has consensual sex with their 16-year-old partner, they would typically be charged with a felony violation of PC 261.5. But the Romeo and Juliet exception could provide a legal defense, reducing or even dismissing the charges.It’s important to note that this is only an exception, not an automatic free pass. Prosecutors still have discretion on whether to pursue charges. The defense would need to prove the situation meets all criteria for the exception to apply.Did you make a mistake due to being unaware of the age of consent laws? Our skilled defense attorneys may be able to argue for reduced charges or even a dismissal under the Romeo and Juliet exception. Contact us at 212-300-5196 to discuss your case.

Other Exceptions and Nuances

While California’s age of consent laws aim to protect minors, there are a few other exceptions and nuances to be aware of:Marriage ExceptionBelieve it or not, there is a marriage exception to California’s age of consent laws under Penal Code 261.5(a). If the minor is married to the adult, any sexual relations between them are not considered statutory rape.This may seem bizarre, but the law views a married couple’s consent to sex as being implied through the marriage contract itself, regardless of their ages.However, this exception is quite limited. California has tight restrictions on allowing minors to marry, requiring both parental consent and court approval. Judges will scrutinize these marriage petitions closely to ensure there is no coercion or exploitation involved.Position of Authority ExceptionThe age of the parties is not the only factor that can lead to criminal liability. Under Penal Code 261.5(d), it is a felony for someone over 21 to engage in sexual acts with a minor under 16 if the adult was in a position of authority over the victim.This covers situations where the adult was the minor’s teacher, coach, youth leader, or held some other position of authority and used that role to commit the sexual offense. The imbalance of power is seen as inherently coercive.Mistake of Age DefenseIn some limited circumstances, an honest and reasonable mistake about the victim’s age can serve as a legal defense against statutory rape charges.For this defense to apply, the defendant must:

1. Actually and reasonably have believed the victim was over 18
2. Not have known of any “reasonable cause” to question that belief

This is a high bar to clear, as the defendant’s belief must have been objectively reasonable under the circumstances. Simply claiming you thought the victim was older typically won’t cut it without strong supporting evidence.Civil PenaltiesBeyond the criminal penalties, those convicted of unlawful sexual intercourse with a minor face additional civil penalties under Penal Code 261.5(e):

• If the victim is under 14, a $25,000 fine
• If the victim is 14 or 15 and the offender is over 21, a $10,000 fine
• If the victim is 16 or 17 and at least 3 years younger than the offender, a $5,000 fine
• If the victim is 16 or 17 and less than 3 years younger, a $2,000 fine

These fines are intended to compensate the state for the costs of teenage pregnancies resulting from these unlawful acts.Facing allegations of statutory rape or other age of consent violations? Our attorneys can provide a free and confidential case evaluation to protect your rights. Call 212-300-5196 now.

How Our Attorneys Can Defend You

As you can see, the consequences for violating California’s age of consent laws are extremely serious. A conviction can send you to prison, saddle you with crushing fines, and require registering as a sex offender.That’s why if you or a loved one is facing charges of unlawful sexual intercourse with a minor, statutory rape, or related offenses, it’s absolutely critical to have a skilled criminal defense lawyer on your side.At Spodek Law Group, our seasoned attorneys have successfully defended countless clients against these types of charges. We know how to fight for you and ensure your rights are protected every step of the way.Some of the defense strategies we may employ in your case include:

• Challenging the alleged victim’s credibility and version of events
• Arguing no sexual conduct actually occurred
• Asserting the “mistake of age” defense if applicable
• Seeking to have charges reduced under the Romeo and Juliet exception
• Negotiating for reduced charges or an alternative resolution
• Zealously defending you at trial if necessary

Our attorneys will thoroughly investigate all evidence and circumstances to build the strongest possible defense strategy for your unique situation. We understand how devastating these charges can be, which is why we leave no stones unturned in pursuit of the best outcome.Remember, a charge is not a conviction. With the right legal team fighting for you, it is absolutely possible to avoid a permanent criminal record and life-altering penalties related to age of consent violations.Don’t try to navigate this legal minefield alone. Our experienced age of consent defense lawyers are here to help. Contact us 24/7 at 212-300-5196 for a free and confidential case review.

Conclusion

We know this was a lot of (admittedly) heavy information to digest about California’s age of consent laws. But as you can see, this is not an area where you want to make assumptions or mistakes.At Spodek Law Group, our goal is to ensure you understand these laws inside and out so you can make informed, legal decisions regarding sexual relationships. An innocent mistake or lapse in judgment should not derail your life.If you do find yourself charged with a violation, our skilled defense attorneys will fight tirelessly to protect your rights and secure the best possible outcome. We’ve helped many clients in your situation before, and we know what it takes to prevail.So if you have any other questions about age of consent laws, or need legal representation regarding charges, don’t hesitate to reach out. Call us anytime at 212-300-5196 for a free and confidential consultation. You can also visit our website at www.federallawyers.com for more information.