Legal Question in Criminal Law in California

is it legal for a 20 year old male to have sex with a 16 year old female in california? if not what are the consequences for that if proven guilty?


Asked on 11/20/09, 2:10 am

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

No, it is not legal in California. The age of consent in California is 18. Under Penal Code section 261.5, it is illegal for anyone to have sexual intercourse with a minor under 18. If the age difference is under 3 years, it is a misdemeanor and carries up to a year in county jail. If the age difference is over 3 years, it can be charged either as a misdemeanor (up to a year in county jail) or a felony (up to 3 years in state prison).

There are also other Penal Code section that cover other sexual acts with a minor under 18, so oral sex, etc. with a minor are also illegal in California.

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Answered on 11/25/09, 9:03 am
Terry A. Nelson Nelson & Lawless

Statutory rape charges would put you in prison and on registered sex offender status for the rest of your life.

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Answered on 11/27/09, 6:43 pm


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