Is It Illegal to Date a Minor?

April 27, 2025 | Nafiz M. Ahmed

Many people wonder about the legal age limit for dating in California. Under California law, a minor cannot consent to sexual intercourse. When adults date minors, it can quickly become illegal if sex is involved. The related crimes are serious, and the adult could face a felony charge, depending on the situation. This article will explore the age of consent, California law, and when criminal charges could apply.

What Is a Minor?

A minor is anyone under the age of 18. Anyone over the age of 18 is considered an adult for legal purposes. Many 18-year-olds may not seem or act like adults. Some may still be in high school. However, the law doesn’t consider maturity, it only considers age.

Consent is permission or a mutual agreement to do something. Usually, it involves some sort of sex or sexual activity, but it can apply in other cases, such as a medical procedure or high-risk activity. An adult may consent when they are fully informed about the scope of activities and voluntarily agree without coercion.

In California, a person under 18 years old cannot legally consent to sexual activity. This confuses many people. A minor may verbally agree to sex in the moment, but the law presumes that a minor is too immature to fully understand, and therefore, they cannot consent.

When Does Age Difference Matter?

In California, it is not illegal for an adult and a minor to date or have a non-sexual relationship. However, any sexual contact between an adult and a minor is illegal, and even non-sexual relationships may be closely scrutinized to ensure the minor’s safety.

Furthermore, a dating relationship may have the appearance of sexual activity, even if it isn’t happening. This can put the adult at risk of prosecution if the minor makes false allegations or their parents get upset.

Statutory Rape Laws in California

Statutory rape is a criminal offense that happens when an adult has sexual intercourse with a minor. Unlike forcible rape, the sex does not need to be coerced. A minor may verbally agree to have sex with an adult, and it can still be considered statutory rape.

Several different types of statutory rape exist. Each varies in severity depending on the circumstances and often the age difference.

A key element is that there was sexual intercourse. This means that behavior short of penetration isn’t statutory rape. However, an adult may commit another type of crime if they engage in other sexual activities short of sexual intercourse.

Common Tricky Situations

The most difficult situations include those where the adult and minor have a close age gap. For example, two minors could be dating when they are in high school. When one minor turns 18 years old while the other is 17, sexual intercourse is now considered statutory rape. This is classified as a misdemeanor offense, but it can still have serious repercussions. A conviction may remain on their criminal record and follow them throughout their life.

Some states have Romeo and Juliet laws that protect young people in this situation, but California does not. Anyone over 18 should avoid having sex with a minor, even if they previously had a consenting relationship.

Know the Risks Before Dating a Minor

While it is not illegal for an adult to have a non-sexual relationship with a minor in California, any sexual activity can quickly lead to serious criminal charges, including statutory rape. Even relationships that remain non-sexual can raise legal concerns if they appear inappropriate to others. Understanding California’s age of consent laws and the potential consequences is critical. If you are unsure about the legal boundaries, it’s always best to exercise caution and seek legal advice if needed.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free 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