Does California Have Romeo and Juliet Laws?
Romeo and Juliet laws refer to legal exceptions to statutory rape in cases of relationships between minors and young adults. Here’s everything you need to know about Romeo and Juliet laws in California.
California does not have a Romeo and Juliet law or an equivalent to one. This means the state’s age of consent, 18 years old, is the standard regarding the lawfulness of sexual intercourse. Even intercourse between two minors is illegal in California.
How Does California Approach Statutory Rape?
When it comes to defining the crime and determining punishments, California uses a very similar framework to that used by states who do have Romeo and Juliet laws in place. Texas, for example, has the following legal outline: someone between the ages of 14 and 17 can consent to someone within 3 years of their age. This applies so long as the other consenting party is at least 14.
Related: Types of Sexual Harassment in California
California’s Penal Code 261.5 PC distinguishes three classes of statutory rape. Anyone who engages in sexual intercourse with:
- a minor less than three years younger (or older) is guilty of a misdemeanor
- a minor more than three years younger is guilty of a misdemeanor or a felony
- a minor under 16 when the accused is 21 or older is guilty of a misdemeanor or a felony
The only exception to these laws is when the parties are married, which can only happen between minors with a court order in California.
What Are the Exact Punishments for Committing Statutory Rape in California?
Cases are usually only charged when intercourse has occurred between an adult and a minor, but cases between two minors can still lead to prosecution. Fines and jail time depend on the context of the statutory rape.
Misdemeanor for Minor Less Than Three Years Younger (or Older)
When someone has sexual intercourse with a minor less than three years younger than themselves, the punishment can be up to six months in jail and a $2,000 fine.
Misdemeanor or Felony for Minor More Than Three Years Younger
When a defendant engages in intercourse with a minor more than three years younger, the punishment can be up to one year in jail (misdemeanor), three years in jail (felony), and a $10,000 fine.
Misdemeanor or Felony When the Accused is 21 or Older and the Minor is Under 16
When there is a larger age gap and a minor under 16 years old, this can carry a sentence of one year in jail (misdemeanor), four years in jail (felony), and a $25,000 fine.
Related: Sexual Assault vs Sexual Harassment in California
FAQs About California Romeo & Juliet Laws
How common is it for two minors to be charged with statutory rape?
Cases between two minors are rarely charged but do occur. The accused minors would have to appear in juvenile court in this instance.
What defenses are available to those accused of statutory rape?
One can argue that no intercourse occurred or that there was a reasonable belief the minor was 18 years of age. Evidence for the latter can include false claims of adulthood, a fake ID, or presence in an adults-only venue.
What constitutes sexual intercourse?
Any amount of sexual penetration is legally considered intercourse.
Does someone convicted of statutory rape have to register as a sex offender?
No, sex offender registration is not required unless there are other “aggravating facts” to the case.
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