Blair Defense Criminal Lawyers | July 16, 2025 | California Law
If you’re worried about the consequences of dating or having a relationship with someone slightly younger in California, you may have heard the term “Romeo and Juliet law.” These laws are meant to protect teens and young adults from harsh prosecution simply for having a consensual sexual relationship with someone close in age.
The idea is to make sure that normal consensual relationships among teenagers and young people aren’t automatically treated as serious crimes, even if one person falls just under the state’s legal age of consent.
Understanding the laws in California is essential to shield yourself from sex crimes charges.
No Romeo and Juliet Laws in California
California does not have any close-in-age exemption or Romeo and Juliet laws for sexual relationships between minors or for young adults dating teens who are under 18. This means that regardless of how small the age difference is, and even if both people are teens themselves, any consensual sexual activity with someone under the age of 18 is considered statutory rape.
Statutory Rape in California
In California, the crime commonly known as statutory rape is legally referred to as “unlawful sexual intercourse.” This offense happens whenever someone has mutually agreed-upon sex with a minor who is under 18 years old, regardless of how close they are in age. Even if both parties believe their relationship is consensual, the younger person’s age alone means the law considers the encounter illegal.
Penalties for Statutory Rape in California
Statutory rape penalties in California depend on the ages of the people involved and the difference between them. If you’re convicted, the punishment could be either a misdemeanor or a felony, with serious consequences either way.
Age Difference of Three Years or Less
When both people are close in age—no more than a three-year gap—the charge is a misdemeanor. The maximum jail sentence is six months and/or a fine up to $1,000.
Minor Under 18, Age Gap of More Than Three Years
If the age difference is greater than three years but the younger person is 16 or 17, the charge is a wobbler. This means it can be prosecuted as a misdemeanor or a felony. As a misdemeanor, the penalty is up to 1 year in county jail and/or a fine of up to $1,000. If prosecuted as a felony, jail time can be 16 months, 2 years, or 3 years, and a fine of up to $10,000.
Defendant 21 or Older, Minor Under 16
If someone who is at least 21 has consensual sex with a minor who is younger than 16, it’s still a wobbler, but the law allows for harsher penalties. A misdemeanor conviction can bring up to 1 year in county jail. If prosecuted as a felony, the punishment increases to 2, 3, or 4 years in state prison and a fine of up to $25,000.
It’s usually not mandatory for a defendant to register as a sex offender when they’re convicted of statutory rape, but the prosecutor can argue for this term as part of the sentence.
Defenses Against Statutory Rape Charges
If you’re facing statutory rape charges in California, your lawyer can explore a number of possible defenses, often including:
- No Sexual Intercourse Occurred: The alleged contact did not rise to the level of intercourse defined by law.
- False Accusation: You were wrongly accused, possibly out of revenge, misunderstanding, or a personal grudge.
- Police Misconduct: Law enforcement obtained a coerced confession, violated your rights, or mishandled the investigation. This could lead to a motion to suppress, where your confession or other evidence is thrown out and can’t be used against you.
- Reasonable Mistake of Age: You honestly and reasonably believed the minor was an adult based on their statements, appearance, a fake ID, or their presence in a place where you must be at least 18 to enter.
A lawyer can assess which strategy best fits the facts of your case and fight to protect your rights.
Contact a San Diego Sex Crimes Lawyer at Blair Defense Criminal Lawyers for Legal Help
If you have any questions about a possible statutory rape case, contact our criminal defense lawyers as soon as possible to schedule a free consultation.
For more information, don’t hesitate to contact the San Diego domestic violence attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
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