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In the state of California, is it generally understood that it is illegal to engage in sexual intercourse with a minor under the age of 18, even if the minor gave consent. Engaging in sexual intercourse with a minor constitutes statutory rape, which is punishable by jail time, fines and registration as a sex offender upon conviction. In this case, slightly different laws would apply.

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The problem of consent

If you are not over the age of 21 and the alleged victim is 16 or older, you could be charged with a felony. This includes cases where the persons involved in the sexual intercourse are both under the age of 18 and cases involving one minor and one adult.

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Statutory rape occurs when a minor engages in sexual intercourse. In reality, the law says that they are both criminals and victims, so prosecutors will likely decline to charge either person with the crime.

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The criminal justice system functions best when people understand what is and what is not a crime. However, when both parties are under the age of 18, it is uncommon for either of them to face statutory rape charges. The penalties for statutory rape vary depending upon the age difference between you and the alleged victim.

Can an emancipated minor legally consent to having sex?

Penalties for Statutory Rape PC Author: Stephen D. PC The Problem of Consent One of the confusing aspects of this crime is the fact that it is considered rape. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney.

Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. If you or a loved one have been accused of a crime, this is the time to .

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If the judge decides your case meets this criteria, you could be required to register as a sex offender for life. Klarich has been successfully representing clients for more than 38 years.

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Instead, the two minors may be asked to visit their local probation department to discuss the dangers of sex before adulthood. In addition to the above, statutory rape convictions carry civil penalties.

Can an emancipated minor legally consent to having sex?

What if a minor has sex with his or her ificant other who is 18? Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California.

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We will be there when you call. However, if you are 18 and you have sex with your girlfriend or boyfriend who is younger than you, you are likely to be charged with statutory rape. Lawmakers consider minors to be unable to understand the importance of the decision to have sex, so the law takes the decision out of their hands until they turn 18 years of age. The reason is that it is difficult to determine which of the two willing parties is to be considered the victim and which is the perpetrator.

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An year-old who has sex with his or her year-old boyfriend or girlfriend will likely face misdemeanor charges. Unlike other sexual offenses, a statutory rape conviction does not automatically require you to register as a sex offender. Facing a charge of statutory rape is a serious matter and you will need the help of an experienced sex crimes defense attorney to help you obtain a favorable outcome in your case.

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The reason statutory rape is a crime is because California law does not give minors the legal authority to consent to sex. This crime is a wobbler offense, meaning you could be charged with a misdemeanor or a felony depending on the facts of the case. One of the confusing aspects of this crime is the fact that it is considered rape.

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Under California Penal Code Section Notice the law says that it is illegal for any person to do this. Let our knowledgeable attorneys help you now. So, should a minor be prosecuted for a crime when he or she has sex with another minor?

The age of consent in california is 18

Now If you or a loved one have been accused of a crime, this is the time to. This field is for validation purposes and should be left unchanged. Unfortunately, laws are not always so clear. Minors cannot legally consent to sex, so it is considered statutory rape when they engage in this activity. However, depending on the circumstances of your case, the judge has the power to impose this requirement on you under California Penal Code Section In order to impose this additional penalty on you, the court must find at the time of conviction or sentencing that you committed the offense as a result of sexual compulsion or for purposes of sexual gratification.

The perfect example of this is the crime of statutory rape.