The age of consent is 18, with a misdemeanor if the minor has 3 or less years of difference with the major. Penalties increase if the minor is under 14 and the major is above 21.
Texts :
- California Penal Code - Part 1. of crimes and punishments -
- Title 9. of crimes against the person involving sexual assault, and crimes against public decency and good morals
- Chapter 1. Rape, abduction, carnal abuse of children, and seduction. - Section 261.5.
- (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
- (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
- (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
- (d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.
- Chapter 1. Rape, abduction, carnal abuse of children, and seduction. - Section 261.5.
- Title 9. of crimes against the person involving sexual assault, and crimes against public decency and good morals
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