Age of consent in california registration#
Age of consent in california code#
Age of consent in california free#

If the defendant is over 21 years of age and the victim under 16, he or she could face up to four years in state prison.Ī statutory rape conviction may not automatically mandate registration as a sex offender. Defendants could face up to three years in county jail and fines of up to $10,000. If the defendant is under 21 and the alleged victim is 16 or older, a felony charge may be filed. An 18-year-old who has sex with a 17-year-old might face misdemeanor charges. Typically if an individual is convicted of statutory rape, he or she might face up to a year in jail. The penalties could vary from case to case as well. Statutory rape could be charged as misdemeanors or felonies depending on the circumstances of the case. However, if one person is 18 and has sex with a girlfriend or boyfriend who is underage, he or she might be charged with statutory rape. Instead, they may simply receive counseling about the dangers of sex before adulthood. In such cases, it is highly unlikely that prosecutors will decide to file charges. This is because it can be extremely challenging to determine who should be considered the victim and who, the perpetrator. That said, if both parties are under the age of 18, it is not common for either to face statutory rape charges. So, this includes instances where both persons involved in the sexual intercourse are under the age of 18 as well as cases where one is a minor and the other, an adult.

What the Law SaysĬalifornia Penal Code Section 261.5 states that it is a crime for any individual to have sexual intercourse with another who is under 18 and who is not the spouse of the defendant. This is why the law does not allow them to make that decision until they become adults, or turn 18. Legislators consider minors to be incapable of comprehending the importance of having sex or making that judgment call. However, the reason such activity is considered criminal is California law does not give minors the legal authority to give consent to sex. However, in statutory rape cases, the “victim” is typically a willing participant. Rape is often associated with sex where one of the parties has been forced to engage in sexual intercourse without offering consent. So, when they engage in such activity, the law views it as “statutory rape.” The question then arises: How does the law work when two minors engage in sexual intercourse. Under California law, a minor cannot legally give consent to have sex.

Statutory rape is said to occur when an underage person or minor engages in sexual intercourse. If you’d like an experienced Newport Beach Criminal Defense Lawyer from Corrigan | Welbourn | Stokke, APLC to evaluate your case, please send us an email or call (949) 251-0330.Over the years, the issue of statutory rape has been a complex and controversial one. If you have questions about the age of consent in California and Nevada, you might want legal representation. When it comes to interstate relations, it’s always safer to wait until both parties are at least 18 years old. A charge of pursuing interstate relations, combing with a grooming charge could result in 30 years in federal prison, at minimum. Moreover, federal crimes have very high minimums. Federal code defines child grooming as “Whoever knowingly persuades, induces, or coerces any individual to travel in interstate or foreign commerce… to engage in any sexual activity for which the person can be charged with a criminal offense.” Grooming LawsĪn adult who crosses state lines could be charged with child grooming in addition to relations with a minor. For example, if an adult in Nevada attempted to send lewd messages or pictures to a minor in California, the Nevada resident would violate the law. In the case of online relations, the law applies based on the younger person’s state. That means, for example, if two people over 16 in North Carolina and South Carolina moved across state lines to have relations, they would still be subject to the federal age of consent, even though they meet the age of consent in both states. Crossing state lines to have sexual relations invokes federal law.

While each state’s legislature sets its own age of consent, crossing state lines does not grant a free pass. Does that mean it’s legal to cross state lines to overcome the age of consent laws? Interstate Travel However, the age of consent in Nevada is just 16. The age of consent in California is 18 years old. What is the Age of Consent in California & Nevada?

Age of consent in california registration#

Age of consent in california code#

Age of consent in california free#