What is the Age of Consent in California?

What You Need to Know About the Age of Consent in California

The age of consent in the United States differs between states. Here’s everything you need to know about the age of consent in California.

In the state of California, the age of consent is 18 years old. Individuals under the age of 18 are unable to consent to sexual intercourse. Sexual intercourse between individuals older and younger than the age of consent is considered statutory rape and is punishable by the law.

What Is Consent?

Consent is given only when the individual is 1) able to act freely and voluntarily, and 2) if they have knowledge of the nature of the act involved. Under California law, affirmative consent is required in order to engage in sexual activity and can only be given by those 18 or older. Affirmative consent asserts that:

Lack of protest is not the same as consent.
Lack of resistance is not the same as consent.
Silence is not the same as consent.

What Isn’t Consent?

Consent cannot be given, regardless of age, if the following factors are present:

The individual is unconscious.
The individual was unaware or not cognizant of any aspect of the act due to the perpetrator’s fraud or fraudulent representation that the sexual penetration served a professional purpose when it did not.
The perpetrator leads the individual to believe that they are anyone other than themselves.
The perpetrator uses their own authority (or perceived authority) as a public official to threaten the individual with incarceration, arrest, or deportation unless the individual engages in sexual activity.
The perpetrator uses direct or implied threats of force, violence, danger, or retribution in order to coerce the individual to engage in sexual activity.
The perpetrator displays any threat, declaration, or act which shows an intention to inflict injury upon the individual.
The individual is inhibited due to intoxicating, controlled, or anesthetic substances.
The individual has certain mental disorders or developmental disabilities.
The individual has certain physical disabilities.

Violations of the Age of Consent

Any adult person (18 or older) who engages in sexual intercourse with someone under the age of 18 is guilty of statutory rape, according to California law. The actual charges and punishments for this activity depend on the age of the parties:

Any person who engages in unlawful sexual intercourse with a minor who is 3 years or younger than the perpetrator can be charged with a misdemeanor.
Any person who engages in sexual intercourse with a minor who is more than 3 years younger than the perpetrator can be charged with either a misdemeanor or a felony resulting in no more than one year in county jail.
Any person 21 or older who engages in sexual intercourse with a minor under the age of 16 can be charged with a misdemeanor or a felony. Such a charge can result in either a year or less in county jail or imprisonment for 2-4 years.

Statutory rape charges can come with civil penalties as well:

An adult who engages in sexual intercourse with a minor less than two years younger than the adult is liable to pay no more than $2,000
An adult who engages in sexual intercourse with a minor two years or younger than the adult is liable to pay no more than $5,000
An adult who engages in sexual intercourse with a minor three years or younger than the adult is liable to pay no more than $10,000
An adult over 21 years old who engages in sexual intercourse with a minor under the age of 16 is liable to pay no more than $25,000

Contact Us

If you or a loved one would like to learn more about Age of Consent California, get your free consultation with one of our Criminal Defense Attorneys in California today!