Updated March 6, 2020
The age of permission means age from which an individual can legitimately consent to sexual activity. This age is the identical for women and men.
Keep in mind that if somebody is 18 years old or older, and he or she has intercourse that is sexual a small, that individual breaks the chronilogical age of consent law and will be prosecuted for the crime – typically for statutory rape, per Penal Code 261.5.
Listed here are a scenarios that are few may lead to PC 261.5 fees:
- A 19-year-old feminine school that is high has sex by having a 16-year-old male that is in many of her classes;
- A college that is 35-year-old develops a sexual relationship by having a 17-year-old woman that is in another of the classes he teaches; and
- A couple of senior high school sweethearts who’ve been dating for 3 years have intercourse when it comes to very first time whenever he’s 18 but she actually is nevertheless just 16.
The criminal activity of statutory rape is just a California “wobbler” offense. Which means that the criminal activity can be charged as either a misdemeanor or perhaps a felony with regards to the facts of this situation. The offense may be punished by as much as four years in prison or jail.
Keep in mind that Ca does not have a Romeo and Juliet legislation. “Romeo and Juliet” laws and regulations avoid the prosecution of individuals whom take part in consensual activity that is sexual:
- Both events are near in age to at least one another, and
- Both are underneath the chronilogical age of consent.
There clearly was one exclusion where a small can legally have intercourse that is sexual a grown-up. This might be whenever the 2 events are lawfully hitched.