May 25, 2024


Law, This Is It!

California Statutory Rape Crimes and Punishments

3 min read

What is statutory rape? As described by the FBI, statutory rape is characterized as nonforcible sexual intercourse with a person who is younger than the statutory age of consent.

In California, the age a individual can no lengthier grow to be a victim of statutory rape is 18. The statutory rape law in California is titled “Unlawful Sexual Intercourse” and can be found in just the California Penal Code Title 9 Chapter 1 Area 261.5.

In California, it is a violation of state legislation to engage in sexual intercourse with a minor underneath the age of 18. It is also a violation of point out legislation for 2 minors less than the age of 18 to have interaction in sexual intercourse.

Older people engaged in sexual intercourse with minors can be billed with “Illegal Sexual Intercourse” in the state of California. This crime could be classified as a misdemeanor or a felony depending on specific things like, but no confined to:

  1. Prior legal historical past of the perpetrator
  2. The age of the minimal associated
  3. The age difference amongst the minimal and the perpetrator.

Prior to 1993 California laws mostly gave “target” standing to females. Right after 1993 the regulations were being shifted to a “gender neutral” place and there have been various scenarios of women becoming billed as perpetrators of this criminal offense.

Sex amongst two consenting minors is a violation of the condition regulation and rates can be submitted in opposition to 1 of the minors involved. Even although the rules are now gender neutral, it is nonetheless the male who is most commonly prosecuted as the perpetrator in situations involving consenting heterosexual minors.

Juvenile courtroom judges have authority to advocate transfer of juvenile conditions to the adult court docket below varying circumstances.

Will it be a Felony or Misdemeanor?
Section 261.5

  • (b) If the perpetrator is much less than 3 a long time older than the sufferer = Misdemeanor
  • (c) If the perpetrator is a lot more than 3 decades older than the sufferer= Misdemeanor or Felony
  • (d) If the perpetrator is 21 and sufferer is beneath the age of 16 = Misdemeanor or Felony

What are the potential Jail situations and fines for these crimes if convicted?

If convicted less than (b) over:

  • (b) Misdemeanor = achievable jail up to 1 12 months
  • (b) Misdemeanor = Civil penalty up to $2000 if minimal is a lot less than 2 years youthful
  • (b) Misdemeanor = Civil penalty up to $5000 if minor is at least 2 several years more youthful

If convicted beneath (c) earlier mentioned:

  • (c) Misdemeanor = probable jail up to 1 12 months
  • (c) Felony = attainable jail up to 16 months, 2 years, or 3 many years prison
  • (c) Felony or Misdemeanor = Civil penalty up to $5000 if minimal is at least 2 decades more youthful
  • (c) Felony or Misdemeanor = Civil penalty up to $1000 if insignificant is at minimum 3 several years young

If convicted below (d) earlier mentioned:

  • (d) Misdemeanor = probable jail up to 1 year
  • (d) Felony = possible jail time 2, 3, or 4 decades
  • (d) Misdemeanor or Felony = Civil penalty up to $25,000

In the statute, the legislation is categorized and punishment is described by age change. A California prosecutor has latitude to identify no matter whether rates will be misdemeanor or felony in many circumstances.

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