In California, statutory rape laws make it a crime for anyone to have sexual intercourse with a person under 18, whether or not the younger person agreed. Penal Code 261.5 sets the penalties, and they get steeper as the age gap widens. A felony conviction for an offense on or after January 1, 2026 can also trigger sex offender registration, immigration consequences, and civil fines stacked on top of any jail or prison time.
What the Law Covers
Penal Code 261.5 defines “unlawful sexual intercourse” as intercourse with someone who is not your spouse and is under 18.1California Legislative Information. California Penal Code 261.5 – Unlawful Sexual Intercourse The statute applies regardless of gender, and prosecutors do not need to prove force or coercion. The act itself is the crime.
There is one narrow exception: the statute does not apply if the two people are legally married to each other. California has no “Romeo and Juliet” close-in-age exemption. Two 17-year-olds who have intercourse are both technically committing a misdemeanor under the statute, though prosecutors rarely pursue those cases.
Criminal Penalties by Age Gap
Penal Code 261.5 breaks penalties into three tiers based on the age difference between the people involved.
Three Years or Less Apart
When the age gap is three years or less in either direction, the offense is always a misdemeanor. A conviction can result in up to one year in county jail, a fine up to $1,000, or both.1California Legislative Information. California Penal Code 261.5 – Unlawful Sexual Intercourse This tier covers most relationships between high school students.
More Than Three Years Apart
When the older person is more than three years older than the minor, the charge is a “wobbler.” The prosecutor can file it as a misdemeanor or a felony. As a misdemeanor, the maximum is one year in county jail. As a felony, the sentence is served in county jail under California’s realignment rules, with the term set by the court.1California Legislative Information. California Penal Code 261.5 – Unlawful Sexual Intercourse The choice depends on things like the defendant’s criminal history, the circumstances of the relationship, and the age of the minor.
21 or Older With a Minor Under 16
The harshest tier applies when someone 21 or older has intercourse with a minor under 16. This is also a wobbler, but the felony sentencing range jumps to two, three, or four years in state prison.1California Legislative Information. California Penal Code 261.5 – Unlawful Sexual Intercourse The court chooses from that triad based on aggravating and mitigating factors. Prior convictions or evidence of a pattern of targeting minors push the sentence toward the four-year maximum.
Civil Fines
Separate from criminal fines, the district attorney can seek civil penalties against any adult convicted under the statute. They scale with the age difference:
- Less than two years older: up to $2,000
- At least two years older: up to $5,000
- At least three years older: up to $10,000
- 21 or older with a minor under 16: up to $25,000
The money goes to California’s Underage Pregnancy Prevention Fund after the county recoups the cost of pursuing the case.1California Legislative Information. California Penal Code 261.5 – Unlawful Sexual Intercourse The court may add up to $70 per violation on top.
Sex Offender Registration After 2026
A significant change took effect on January 1, 2026. Convictions under subdivisions (c) or (d) of Penal Code 261.5 now trigger mandatory sex offender registration under Penal Code 290, so long as the offense occurred on or after that date.2California Legislative Information. California Penal Code 290 Before 2026, a standalone statutory rape conviction did not require registration.
One important exception remains. Registration is not required if the convicted person is no more than 10 years older than the minor and has no other conviction that independently requires registration.2California Legislative Information. California Penal Code 290 A 22-year-old convicted under 261.5(c) for intercourse with a 17-year-old, for example, would fall within that exception.
California uses a three-tier registration system created by SB 384. Depending on the offense and circumstances, a registrant is placed on the registry for 10 years, 20 years, or life. Misdemeanor-only convictions under 261.5(b), the within-three-years tier, do not require registration at all.
The Mistake-of-Age Defense
California does allow a mistake-of-age defense to statutory rape. The California Supreme Court recognized it in 1964, holding that a genuine, reasonable belief the other person was 18 or older can defeat the charge.3Justia Law. People v. Olsen (1984) The defendant does not have to prove it. Once the defense is raised, the prosecution has to prove beyond a reasonable doubt that the defendant did not reasonably and actually believe the other person was at least 18.
In practice, the defense is hard to win. Courts look at the whole picture: where the defendant met the minor, what the minor said about their age, whether the minor showed a fake ID, the setting, and the minor’s physical appearance. Meeting someone at a bar that checks IDs carries more weight than meeting them at a high school party.
This defense applies to 261.5 charges specifically. Other sex offenses involving children under 14, such as lewd acts under Penal Code 288, are strict liability crimes where the defendant’s belief about age is legally irrelevant.
Immigration Consequences for Noncitizens
For a noncitizen, a felony conviction under Penal Code 261.5 can be classified as “sexual abuse of a minor,” which federal immigration law treats as an aggravated felony.4Legal Information Institute. 8 USC 1101(a)(43) – Aggravated Felony That classification carries consequences that outlast any prison sentence.
A person convicted of an aggravated felony on or after November 29, 1990 is permanently barred from establishing the “good moral character” required for U.S. naturalization.5U.S. Citizenship and Immigration Services. Permanent Bars to Good Moral Character That bar never expires. Beyond naturalization, an aggravated felony makes a noncitizen deportable and largely eliminates eligibility for discretionary relief like cancellation of removal or asylum. Even lawful permanent residents who have lived in the U.S. for decades can face mandatory removal.
Other Collateral Consequences
A 261.5 conviction reaches into areas outside the courtroom. If registration is required, the registrant faces residency restrictions, employment limitations, and public listing on the Megan’s Law database. Professional licensing boards for teachers, nurses, social workers, and similar fields routinely deny or revoke licenses based on sex offense convictions.
Restitution to the victim is mandatory on conviction in California and can include therapy costs, medical expenses, and other financial losses tied to the offense. The amount is set at sentencing and becomes a legally enforceable debt that cannot be discharged in bankruptcy.
How Long Prosecutors and Victims Have to File
For criminal charges, the deadline depends on classification. Filed as a felony, prosecutors generally have three years from the date of the offense. Filed as a misdemeanor, the window is one year. Those deadlines can shift if the defendant leaves the state or certain tolling rules apply.
Civil lawsuits work differently. As of January 1, 2024, California eliminated the statute of limitations entirely for civil claims arising from childhood sexual assault. A person who was sexually assaulted as a minor can file a civil lawsuit at any age, with no deadline. For adult victims of sexual assault, the current deadline is 10 years from the incident or three years from the date the victim discovered the resulting injury, whichever is later.