California Penal Code 261.5 – Statutory Rape

Overview

California Penal Code 261.5 PC criminalizes unlawful sexual intercourse with a minor, defined as someone under 18 years old, when the other person is not their spouse—even if the sex was consensual.

Statutory rape is often charged in situations involving dating relationships or misunderstandings about age. A conviction can carry harsh penalties—and may require sex offender registration. At Jones Trial Attorneys, we defend these cases with care, discretion, and strategy to protect your future.

Legal Definition

Penal Code § 261.5(a) states:

“Unlawful sexual intercourse is an act of sexual intercourse with a person who is not the spouse of the perpetrator and who is under the age of 18 years.”

Consent is not a defense to statutory rape, because California law deems minors legally incapable of consenting to sex.

Elements of the Crime

To convict someone of statutory rape, the prosecution must prove:

1. You had sexual intercourse with another person;

2. That person was under 18 years old;

3. You were not married to the person at the time.

Intent or knowledge of the minor’s age does not need to be proven.

Penalties for Statutory Rape

Penalties depend on the age difference between the parties:

Age Difference 3 Years or Less (PC 261.5(b))

• Misdemeanor

• Up to 1 year in county jail

• Fine up to $1,000

• Probation and possible sex offender counseling

More Than 3 Years (PC 261.5(c))

• Wobbler – misdemeanor or felony

• Felony: 16 months, 2, or 3 years in jail

• Felony probation may be available

With a Minor Under 16 (Defendant 21 or Older – PC 261.5(d))

• Felony

• Up to 4 years in state prison

• Possible registration as a sex offender under PC 290

Defenses to PC 261.5 Charges

We defend statutory rape cases with sensitivity and skill, understanding the stakes. Common defenses include:

• Lack of intercourse – The alleged sexual activity never occurred

• False accusation – Motivated by revenge, peer pressure, or parental influence

• Age misrepresentation – The minor misled you about their age (may help at sentencing)

• Insufficient evidence – No physical or corroborating evidence

We also fight to resolve cases through pre-file intervention, diversion, or reduction to non-sex-related charges.

Immigration and Employment Consequences

Statutory rape is considered a crime involving moral turpitude, and may lead to:

• Deportation or denial of legal status

• Mandatory sex offender registration

• Lifetime impact on background checks and housing

We prioritize immigration-safe and registration-free resolutions whenever possible.

Related Offenses

• PC 288 – Lewd Acts with a Minor

Much more serious, requires intent to arouse

• PC 243.4 – Sexual Battery

Touching, not intercourse

• PC 647.6 – Annoying or Molesting a Minor

Can be charged based on words or conduct alone

How Jones Trial Attorneys Can Help

A statutory rape charge can destroy reputations, careers, and families—regardless of the facts. We step in early to fight back against charges that are often emotionally charged, exaggerated, or legally weak.

We handle these cases with discretion and precision, focused on keeping you out of custody and off public registries.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Criminal Defense Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.