What is the California Age of Consent? Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rapealthough this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old. Click the map to view any state's age of consent laws. The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim.
The following question is often asked of our office.
I’m 18, She’s 15; We’re Dating; Is that a Problem? Illegal?
Individuals aged 17 or younger in California are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. Up to one year in county jail; Up to one year in a county jail or imprisonment in the state prison for two, three or four years; Up to one year in county jail or imprisonment in the state prison period unspecified. This is because the law judges that young people cannot make informed decisions about sex, both physically and emotionally, even if they are physically able to have sex. Our advice to any adult, including someone who is 18, who seeks to date a fifteen-year-old is simple: California has seven statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. If this situation rings bells for you, then maybe you are experiencing domestic abuse.