Statutory Rape Punishment, Sentence and Penalties California Penal Code 261.5 PC

Is Statutory Rape a Felony in California?

What is the Punishment for Statutory Rape in California?

Depending on whether the California statutory rape is a felony or a misdemeanor charge, the penalties, if convicted, will vary. Generally, California statutory rape charges and the potential punishments associated with those charges are more serious the younger the victim is.

Is Statutory Rape a Felony That Requires Registering as a Sex Offender

Is Statutory Rape in a Felony with Civil Penalties?

• A civil penalty not to exceed $2,000 if you engaged in unlawful sexual intercourse with a minor less than two years younger.
• A civil penalty not to exceed $5,000 if you engaged in unlawful sexual intercourse with a minor at least two years younger.
• A civil penalty not to exceed $10,000 if you engaged in unlawful sexual intercourse with a minor at least three years younger.
• A civil penalty not to exceed $25,000 if you are over 21 and engaged in unlawful sexual intercourse with a minor under 16 years of age.

Court Options at the Time of Statutory Rape Sentencing

• Sentence you to one of three terms provided by law:
  • Statutory rape misdemeanor: up to one year in county jail.
  • Statutory rape felony: 16 months to three years in county jail.
  • Statutory rape felony (You are 21 or older, and the victim is under 16): two to four years in county jail.
• Place you on probation and impose a sentence of up to one year in county jail.
• Place you on probation with no jail time, but order you to do community service, a work release program, and attend therapy.
• Place you on formal probation and assign you a probation officer.
• Order you to register as a sex offender pursuant to California Penal Code section 290.

Statutory Rape California Probation Terms

• Violate no law (other than a traffic infraction)
• Visit your probation officer as often as required by your probation terms
• Perform community service
• Attend sexual addiction or rehabilitation programs
• Random drug testing
• Random searches of your person or home

Finding An Experienced Statutory Rape Defense Attorney

If you or someone you know has been accused of statutory rape in California, you need to contact an experienced criminal defense lawyer who will carefully review the facts of your case and the law to give you the best representation possible.