These defenses can be unique to the facts of the case. There are several defenses that are available when one the age of Consent Laws are violated. The largest burden of being a labled sex offenders list is finding a place to live as most landlords look down upon this.Īre there any Defenses to Violations of Age of Consent Laws? If the court requires you to register as a sex offender, you will have to update your registration with a local law enforcement agency for as long as you are domiciled in the state of California.Īs a registered sex offender, you may be required to live a certain amount of distance from a park or school, Additionally, you must live in an isolated area away from all activity including underage childern. If you are convicted of statutory rape in California, you may be required to register as a sex offender based on the California Penal Code. If there is less than a 2 year difference between the parties, the civil penalty is capped at $2,000, but if there is a 2 year or more difference than the penalty is capped at $5,000.Īnother large obstacle faced by those convicted of statutory rape is being required to register as a sex offender with the state of California. California law also makes distinctions for the purpose of civil penalties between if there was a 2 year or more age difference between the parties. If you are over 21 years old and you have sex with someone under 16 years old, you can get an enhanced criminal sentence, meaning a longer prison term and may be forced to pay a civil penalty up to $25,000. For example, If there is a 3 year age gap, whether older or younger, between you and the underage person you have sex with, it is only considered a misdemeanor and it is possible to be imprisoned for up to 1 year. Moreover, the punishment for having sex with someone under the age of consent varies largely on the facts of the case. What Can Happen If I Have Sex with Someone Underage?Īs stated above, statutory rape punishment and sentence depeds upon whether the offense is charged as a felony or a misdemeanor. Do I Need a Lawyer for Help with Age of Consent Matters?.Are there any Defenses to Violations of Age of Consent Laws?.What Can Happen If I Have Sex with Someone Underage?.It is important to note the age of consent and the ability of parents to consent for their children are issues that are decided differently depending on the jurisdiction. If this happens in California, both minor parties engaged in sexaul intercourse would be found criminally liable. For example, in many other states, if two people under the age of consent are similar in age, then they can have sex without committing an age of consent crime.Īlso, in California, if two people both under the age of consent, have sex with each other, both parties are committing a crime. This is different then some jurisdictions where only one party can be charged. In California both people having sex underage can be charged with statutory rape. Statutory Rape is considered a “wobbler” crime, which means the prosecution can charge you with a Misdemeanor or a Felony, depending on facts of your case. Instead, any penetration without consent is enough to charge someone. Sexual intercourse is defined as “any amount of penetration.” The person accused does not have to ejaculate to be charged with statutory rape. This crime can often be referred to as unlawful sex with a minor, although this description includes other forms of sex besides intercourse. Statutory rape is defined as sexual intercourse with a person under 18 years of age. Having sex with another person who is under the age of consent is called defined by the law as stautaory rape. This applies whether the victim is male or female, and applies the same to both heterosexual and homosexual conduct. Therefore, the legal age to have sex in Califronia, or the age of consent is 18 years old. In the state of California, it is a crime to have sex with anyone under 18 years old if you are not married to him or her. Are You a Lawyer? Grow Your Practice What Is the Age of Consent for Sex in California?
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