What Is the Legal Age of Consent in California?
July 30, 2025 | Nafiz M. Ahmed
In California, the legal age of consent is 18 years old. It means that under state law, anyone under the age of 18 is not legally able to consent to sexual activity, even if they willingly agree to it. If an adult engages in sexual conduct with a minor, they may be charged with a sex crime, regardless of whether force or coercion was involved.
These cases often fall under California’s statutory rape laws, and the penalties can be severe. Learning about how the law works can help you avoid serious consequences, especially if you or someone you care about is accused of violating it.
How California’s Age of Consent Law Works
California Penal Code § 261.5 covers what people commonly call statutory rape. The law criminalizes sexual intercourse with a person under 18, regardless of whether the minor gave verbal consent. That’s because minors are not considered legally capable of consenting to sex in the eyes of California law.
The adult involved in the relationship can face criminal charges if:
- The minor is under the age of 18
- The adult is 18 or older
- The two parties engaged in sexual intercourse
It doesn’t matter if the younger person agreed to the relationship. In California, consent is irrelevant in statutory rape cases if the person is underage.
Penalties Depend on the Age Difference
The potential punishment for violating the age of consent law varies depending on how old the defendant is compared to the minor. California law breaks this down into three categories:
If the age gap is less than three years, the offense is usually charged as a misdemeanor with penalties including a fine of up to $1,000 or up to one year in county jail.
If the age gap is more than three years, the adult may face a misdemeanor or felony charge. A felony conviction could mean up to three years in state prison.
If the adult is over 21 and the minor is under 16, the situation is more serious, and the court is more likely to impose harsher felony penalties, including prison time.
While the law allows judges and prosecutors some discretion, the consequences of a conviction can be life-altering, such as if it results in mandatory sex offender registration.
Are There Any Exceptions?
California does not have a “Romeo and Juliet” law like some other states. In other words, there is no built-in legal exception just because the people involved are close in age or are in a consensual relationship.
Additionally, some forms of contact that don’t involve intercourse may fall under different sections of the law (such as lewd or lascivious acts under Penal Code § 288), which can carry separate penalties. These are just as serious and should not be ignored.
Contact a California Criminal Defense Lawyer if You’ve Been Accused of Committing a Crime
If you’ve been accused of engaging in sexual activity with someone under 18, you should take the situation very seriously. Even a misdemeanor conviction can follow you for the rest of your life. And in some cases, you may be required to register as a sex offender under California’s tiered system.
The most important step is to speak with a California criminal defense attorney at Ahmed & Sukaram, Criminal Defense Attorneys right away. A lawyer can help you understand your rights, evaluate the strength of the case against you, and identify possible defenses, such as mistaken age, lack of intercourse, or constitutional violations.
Contact an experienced attorney today at (408) 217-8818 to schedule 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