Legal Question in Criminal Law in California

Re: statitory rape

The penal code sets the age of consent as 18.(a) Unlawful sexual intercourse is an act of sexual

intercourse accomplished with a person who is not the spouse of the

perpetrator, if the person is a minor. For the purposes of this

section, a "minor" is a person under the age of 18 years and an

"adult" is a person who is at least 18 years of age.

(b) Any person who engages in an act of unlawful sexual

intercourse with a minor who is not more than three years older or

three years younger than the perpetrator, is guilty of a misdemeanor.

The above codes section sets forth the circumstances for statutory rape. Any report to the police will be investigated.

Re: statitory rape

No, the law in the State of California presumes you are too stupid to give consent to sex until you are 18. This means that if you want to have consensual sex you should go to a state where the legal age is 16. It also means that if you have sex with a man in California before you are 18, and you tell on him or the authorities find out in some other way, he will be arrested and he will have other really bad things happen to him.

Re: statitory rape

No, that is not true. 18 years old is the age of consent. If the other person is over 18 y.o. then he/she could be charged with statutory rape P.C. 261.5. If the age difference is less than three years then the offense is a misdemeanor. If the age difference is more than three years the offense is a felony with a maximum potential prison exposure of up to 3 years. If the person is over 21 and the minor is under 16 years old the offense is a felony with a maximum prison exposure of 4 years.