Can an 18-Year-Old Date a 16-Year-Old in California?
January 12, 2026 | Nafiz M. Ahmed
Relationships between teenagers often raise questions about consent and legality. Strictly speaking, California law does not make it illegal for an 18-year-old to date a 16-year-old. However, any sexual activity between them can lead to serious sex crimes charges, regardless of whether the relationship is entirely consensual.
The key distinction under California law lies between dating and sexual contact. While dating and spending time together are not criminal acts, sexual intercourse and other acts with a person under 18 can be considered statutory rape. This means that the older person could face criminal charges because minors under 18 cannot legally give consent to sexual activity.
California’s Age of Consent Law
In California, the age of consent is 18 years old. This means that anyone under 18 cannot legally agree to sexual activity. This law is outlined under California Penal Code § 261.5, which defines unlawful sexual intercourse. This offense is also referred to as statutory rape.
Under this statute:
- It is illegal for an adult (18 or older) to have sexual intercourse with someone under 18.
- The offense is considered a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case.
- Penalties can include up to one year in county jail for a misdemeanor and up to three years in state prison for a felony.
- These charges can also lead to potential sex offender registration in certain circumstances.
Fines, long-term formal probation with strict conditions, and the potential imposition of protective or restraining orders against the defendant are also common elements of sentencing.
The severity of the punishment typically depends on the age difference between the two individuals. When the age gap is small (such as between an 18-year-old and a 16-year-old), the court may treat the matter more leniently than in cases involving a significantly older adult and a minor. However, consent remains a crucial element.
How Is “Consent” Legally Defined?
Even if both parties are above the age of consent, sexual activity must be consensual, meaning it is freely and knowingly agreed upon. Lack of consent, regardless of the age of the participants, can result in charges such as sexual battery or rape.
The statute recognizes that the power dynamics inherent in such relationships can significantly impact consent. Considerations such as the emotional maturity and life experience of the younger individual are central to the evaluation process. Further complicating matters, consent can be influenced by other factors, including the presence of alcohol or drugs. Evidence of coercion or exploitation can also heavily influence the prosecution’s approach and the ultimate sentencing if a conviction is obtained.
“Romeo and Juliet” Laws in the State of California
Some states have what are commonly known as “Romeo and Juliet” laws, designed to protect young couples who are close in age from harsh penalties. California does not have a specific Romeo and Juliet law. However, judges and prosecutors may exercise some discretion in how they handle these cases.
If the relationship is proven to be consensual, long-term, and the age difference is minimal, prosecutors may choose to reduce or dismiss the charges. This outcome is not guaranteed, and any sexual activity with a minor is a violation of the law that carries serious penalties. For this reason, legal guidance from a qualified San Jose criminal defense attorney is essential.
Additional Consequences for Statutory Rape
A conviction for unlawful sexual intercourse can have long-lasting collateral consequences far beyond jail time.
Potential consequences include:
- A criminal record that affects employment and education opportunities
- Restraining orders
- Probationary restrictions
- Damage to personal reputation
Presenting an effective defense in these cases can make all the difference in protecting your rights and your future if you’ve been charged.
Contact Ahmed & Sukaram Criminal Defense Attorneys to Speak With a San Jose Criminal Defense Attorney Today
Dating relationships among teenagers can be complicated, and California’s strict consent laws can make them even more so. While an 18-year-old and a 16-year-old can legally date, any sexual contact can lead to criminal prosecution.
If you’ve been accused of a crime related to this kind of relationship, contact Ahmed & Sukaram, Criminal Defense Attorneys. Schedule a confidential consultation with our San Jose criminal defense lawyers. We can explain your rights and help you build a defense that protects your freedom as best as possible under the law. Don’t wait; call today.
For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500