No, California does not have a Romeo and Juliet law. Sex with anyone under 18 is a crime under Penal Code 261.5, no matter how close in age the two people are, and no matter who consented or initiated. What California has instead is a tiered penalty structure that punishes smaller age gaps less harshly than larger ones. A one-year age difference can still support a misdemeanor conviction, and as of January 1, 2026, the more serious tiers now trigger mandatory sex offender registration.
Why “No Romeo and Juliet Law” Matters
California sets the age of consent at 18. Under Penal Code 261.5, any act of sexual intercourse with someone under 18 who is not the perpetrator’s spouse is “unlawful sexual intercourse.”1California Legislative Information. California Penal Code 261.5 PEN The statute recognizes no exception for consent, affection, or the length of the relationship. It is a strict liability offense, so the older person cannot defend by saying they believed the minor was 18 or that the minor lied about their age.
This is the key departure from states that do have Romeo and Juliet laws. In those states, consensual sex between people close in age is either decriminalized or shielded from prosecution outright. California never removes criminal liability. A 17-year-old dating an 18-year-old is still exposed to charges under the statute. The only question is how severely prosecutors can pursue the case.
The Three Penalty Tiers Under PC 261.5
Penal Code 261.5 sorts cases into three tiers based on the age gap. The tier controls whether prosecutors can file a felony.1California Legislative Information. California Penal Code 261.5 PEN
- Three years apart or less: misdemeanor only, up to one year in county jail. A felony cannot be filed at this tier.
- More than three years apart: a wobbler, meaning prosecutors can file it as a misdemeanor or a felony. A felony conviction carries a state prison term under Penal Code 1170(h).
- Perpetrator 21 or older with a minor under 16: also a wobbler, but the felony prison term rises to two, three, or four years.
The three-year gap that keeps a case at the misdemeanor-only level is what people commonly mistake for a Romeo and Juliet exception. It is not one. The conduct remains illegal, charges can still be filed, and a conviction still produces a criminal record. The tier only caps how far the punishment can go.
When Both People Are Under 18
Penal Code 261.5 applies to “a person,” not just adults. When two minors have sex, both are technically committing unlawful sexual intercourse. If they are within three years of each other, both face misdemeanor exposure. If one is more than three years older, the older minor faces wobbler exposure and the younger one still faces the misdemeanor tier.1California Legislative Information. California Penal Code 261.5 PEN
Prosecutors rarely charge two teenagers in a consensual relationship, but the authority to do so exists. A parent who disapproves of the relationship can report it, and a district attorney has no legal obligation to decline the case simply because both parties are minors.
Civil Penalties on Top of Criminal Charges
An adult convicted under Penal Code 261.5 can face civil penalties in addition to any criminal sentence. These scale with the age gap:1California Legislative Information. California Penal Code 261.5 PEN
- Adult at least three years older than the minor: up to $10,000.
- Adult over 21 with a minor under 16: up to $25,000.
These are separate from any criminal fine, and a court can impose both for the same conduct. The civil penalty provision applies only to adults, not to minors charged under the statute.
The 2026 Sex Offender Registration Change
This is the part of California law that shifted most sharply going into 2026. A conviction under subdivision (c) or (d) of Penal Code 261.5 now requires sex offender registration under Penal Code 290 if the offense occurred on or after January 1, 2026.2California Legislative Information. California Penal Code 290 PEN That covers every case where the perpetrator is more than three years older than the minor, and every case where someone 21 or older has sex with a minor under 16.
Before the change, registration for a Penal Code 261.5 conviction was largely discretionary. Judges could order it, but it was not automatic. The 2026 change removes that discretion at the two higher tiers. Only the misdemeanor-only tier under subdivision (b), where the age gap is three years or less, stays outside mandatory registration.
California uses a tiered registration system under SB 384. Registrants are placed in one of three tiers based on the conviction and a risk assessment, with minimum registration periods of 10 years, 20 years, or life.3California Department of Justice. Sex Offender Tiering SB 384 FAQs Registration restricts where a person can live and work, and it follows them if they move out of state.
Moving to a Romeo and Juliet State Does Not Erase the Conviction
Someone required to register in California who moves to another state must register in the new state within three business days of establishing residence. The federal Sex Offender Registration and Notification Act requires registration in every jurisdiction where the person lives, works, or attends school, and failing to register after an interstate move is itself a federal crime.4eCFR. Part 72 Sex Offender Registration and Notification
Relocating to a state that does have a Romeo and Juliet law does not undo a California conviction or end the registration obligation. Registration follows the conviction, not the law of the destination state. For anyone weighing what California actually offers close-in-age couples, that is the practical bottom line: the state’s tiered penalties soften the punishment for smaller age gaps, but they never make the conduct legal, and once a conviction lands, its consequences travel.