The Criminal Act Of Having Sex With A Minor in California

Having sex with a minor is a serious criminal offense in California. The exact crime you will be charged with for having sex with a minor will depend on your age and the alleged victim's age.

The skilled and knowledgeable California criminal defense attorneys at Wallin & Klarich have been successfully defending clients facing charges for having sex with a minor for more than 40 years.

Read on to learn more about what you could face for having sex with a minor in California.

Statutory Rape (PC 261.5)

When most people think of the criminal act of having sex with a minor, they are likely thinking of statutory rape. Under California Penal Code Section 261.5, you could be charged with statutory rape if you engage in sexual intercourse with a minor unless you are married at the time of the intercourse.

People often assume that in statutory rape cases, consent is a viable defense, but the law states that minors cannot legally consent to sex. California law has determined that anyone under 18 cannot give informed consent regarding sexual intercourse. As a result, anyone who has sexual intercourse with a minor, even if they are a teenager and the sex was otherwise "consensual," can be charged with statutory rape under California Statutory Rape laws.

Therefore, it is a crime to have sex with anyone under 18, regardless of whether you are also under 18.

What to Expect When Charge with Statutory Rape in California

Statutory rape is a wobbler offense, which means the prosecution can charge you with a felony or a misdemeanor. The consequences you face for statutory rape depend upon your age, the age of the alleged victim, and the situation's circumstances.
Under California Statutory Rape laws, if you are no more than three years older than the victim, the offense of having sex with a minor will be charged as a misdemeanor. If you are three or more years older than the victim, the circumstances and your criminal history will determine the severity of the charges of having sex with a minor.

However, if you are 21 or older and the victim is under 16, having sex with a minor will be charged as a felony punishable by two to four years in county jail.

Punishment for Sex With a Minor Under California's Statutory Rape Laws

Depending on whether your California statutory rape charge is considered a misdemeanor or a felony, the penalties, if convicted, will vary. Generally, California statutory rape charges and the potential punishments associated with having sex with a minor become more serious the younger the victim is.

For California statutory rape misdemeanor conviction, punishment for having sex with a minor may include probation, fines of up to $1,000, up to one year in jail, or some combination thereof.

In a California statutory rape felony conviction, the punishment for having sex with a minor is up to four years, probation, up to $10,000 in fines, or some combination thereof.

A defendant with two or more convictions for sex with a minor may be forced to undergo chemical castration as punishment.
When you are convicted of statutory rape after having sex with a minor, it is not an automatic requirement to register as a sex offender. However, the judge in your case has the discretion to add sex offender registration to your sentence based on the circumstances of your case.

Lewd Acts with a Minor (PC 288(a))

If you had sexual contact with a minor under the age of 14, you could be charged with committing lewd acts involving a minor under California Penal Code Section 288(a). You could be charged with this crime if:

• You touched a child's body on the bare skin or through their clothing, or you caused the child to touch their own body or the body of someone else
• Your act of touching was intentional, and
• You did so intending to arouse, appeal to, or gratify your own sexual desires or those of the child

The crime of lewd acts with a minor is a felony offense. If you are convicted under PC 288(a), you face three to eight years in state prison and up to $10,000 in fines. In addition, you will receive one strike on your criminal record under California's Three Strikes law.

You will also be required to register as a sex offender under PC 290 if you are convicted of lewd acts with a minor.

Contact The Skilled Criminal Defense Attorneys At Wallin & Klarich Today

If you or someone you love has been accused of having sex with a minor, you should immediately contact our skilled and knowledgeable criminal defense attorneys. The criminal defense lawyers at Wallin & Klarich have been successfully defending clients facing sex crime charges, charges of having sex with a minor, and charges of lewd acts with a minor for more than 40 years. So let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich criminal attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (619) 404-0338 for a free phone consultation. We will be there when you call.