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Under California Penal Code Section 261.5, statutory rape is simply engaging in sexual intercourse with a minor who is under the age of 18.
The elements of a In this situation, the alleged victim may have even consented to engaging in sexual intercourse with you.
Statutory rape is very different from rape in that it does not involve a forced sex act upon another person.
There is no violence involved and you may even be very close to the alleged victim.
Statutory rape is a wobbler offense, which means the prosecution has the ability to charge you with a felony or a misdemeanor.
The consequences you face for statutory rape depend upon your age and the age of the alleged victim: A statutory rape conviction does not require you to register as a sex offender.
If you are convicted under PC 288(a), you face 3, 6 or 8 years in state prison and up to ,000 in fines.
Let’s examine how California statutory rape laws define “consent.” The age of consent in California is 18.
Let’s examine the charges you could face for having sex with a minor in California..
Under California Penal Code Section 261.5, you could be charged with the crime of statutory rape if you engage in sexual intercourse with a minor who you were not married to at the time of the intercourse.
Of course, it would only be charged if somehow it came to the attention of law enforcement. Whether you are above the age of 18 or not, if the other person is a minor, sexual intercourse is illegal.
The only exception is if you are married to that person.