Legal Question in Discrimination Law in California

Minor offenses

What is the age difference in years to not be given the charges sex with a minor?


Asked on 7/20/08, 5:08 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Minor offenses

I assume you are asking about "the age of consent".

It is 18 with less than 3 years age difference.California:

The age of consent is 18, with a misdemeanor if the minor has 3 or fewer 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.

Read more
Answered on 7/20/08, 9:01 am


Related Questions & Answers

More Other Discrimination Law (Age, Race, Sex, Gender) questions and answers in California