Unlawful sexual intercourse with a minor - California Sexual Assault Laws

Unlawful sexual intercourse with a minor Crime & Punishment in California :

The California code § 261.5b defines two degrees of the crime unlawful sexual intercourse with a minor, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity	Unlawful sexual intercourse with a minor - Charge Description	Punishment
Misdemeanor STATUTORY	Anyone who engages in an act of sexual intercourse with a person under age 18 and the offender is not more then 3 years younger or older	Up to one year in county jail
Misdemeanor or felony STATUTORY	Any person age 21 or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 Anyone who engages in an act of unlawful sexual intercourse with a person under 18 who is more then 3 years younger then the offender	Up to one year in a county jail or imprisonment in the state prison for two, three or four years Up to one year in county jail or imprisonment in the state prison (period unspecified)

California law allows unlawful sexual intercourse with a minor to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the California Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Unlawful sexual intercourse with a minor is a charge that is unique to California. Crimes that would be prosecuted as unlawful sexual intercourse with a minor in California will be prosecuted under a different statute depending on the state in which the crime takes place.

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