Question

I am 18 and my girlfriend is 15. Can I be charged with statutory rape if we have sex in California?

Ron Cordova - Criminal Defense - Super Lawyers

Answered by: Ron Cordova

Ron Cordova Attorney at Law
Irvine, CA
Phone: 949-748-3600
Fax: 949-748-3888

View Profile
Answer

While most people call it statutory rape, California law defines this as unlawful intercourse and the charge is a serious one. In most states, the legal age of consent is 16. In California, the legal age for consent is 18. 

In California for example, if one of the participants is 18 years and one month and the other participant is 15 years old and less than a month, the older participant can be charged with a felony or a misdemeanor. If there are fewer than three years between you and the other participant, you can be charged with a misdemeanor.

If one of the participants is under the age of 14, the conduct will be charged as a felony.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Ron Cordova

DUI/DWI

Is a DUI a misdemeanor in California?

Yes. A first-, second- and third-time DUI are misdemeanors, provided there are no injuries or deaths from an accident related to the DUI. If there is …

Answered by: Ron Cordova

Drug & Alcohol Violations

What happens if I forge a prescription for drugs in California?

It is a misdemeanor or felony, depending on three things: the discretion of the prosecutor, the quantity of drugs sought and the judge. The law …

Answered by: Ron Cordova

Criminal Law

My job requires me to travel, but I don’t want to violate my probation. What should I do in California?

If you are on informal probation, there typically is no restriction to your travel. However, it is possible that your informal probation includes …

Answered by: Ron Cordova

Other Answers About Sex Offenses

Sex Offenses

What does someone charged with a sex offense in Texas need to know?

After learning of a sex offense charge, the most critical action is to stay silent. Do not discuss the case with anyone, do not try to delete or hide …

Answered by: Jed R. Silverman

Sex Offenses

If I am convicted of a sex crime in Wisconsin, will I have to register as a sex offender?

Not every sex crime conviction requires registration as a sex offender. It is also important to note that no one must register, if it is required in …

Answered by: Christopher T. Van Wagner

Sex Offenses

What Should I Do If I’m Under Investigation For A Sex Crime In Kansas?

If you learn or suspect that you are under investigation for a sex crime in Kansas, it is very important to seek the advice and assistance of an …

Answered by: Phil Stein

Disclaimer:

If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 1.9508748054504 sec