Typically, “Romeo and Juliet” laws provide legal protection for consensual sexual activities between teenagers close in age. However, in California, the concept of a Romeo and Juliet law does not exist. This means that any sexual intercourse involving an individual under 18 years old is considered statutory rape under California Penal Code 261.5, regardless of the minor's consent or the age difference between the parties involved.

Understanding California's Statutory Rape Laws

The age of consent in California is set at 18 years old. This strict standard implies that even if both participants are teenagers, any act of sexual intercourse is technically illegal if either party is under 18.

The law does not recognize a “close-in-age” exemption, making it a crime for an 18-year-old to engage in sexual activity with a 17-year-old, even if they are in a relationship. But the severity of the statutory rape charge can depend on the age difference between the defendant and the alleged victim:

• If the age difference is three years or less, it's typically charged as a misdemeanor, carrying a maximum jail term of one year.
• If the age difference is more than three years, it can be charged as either a misdemeanor or a felony (wobbler), with felony convictions carrying a maximum jail sentence of 16 months, two years, or three years.
• If the defendant is 21 or older and the minor is under 16, it's always charged as a felony, with potential penalties of two, three, or four years in state prison.

Defenses to Statutory Rape Charges in California

While California does not have a Romeo and Juliet law, there are still potential defenses a defendant can rely on to mitigate or dismiss the charges, including proving:

• The defendant thought the alleged victim was over the age of 18 at the time.
• There was no sexual intercourse occurred between the parties.
• The parties were married at the time.

How the Sigal Law Group Can Help

In California, the absence of a Romeo and Juliet law means that consensual sexual activities between teenagers can still result in statutory rape charges. However, the law does provide some leniency in cases where the age difference is small, often resulting in misdemeanor charges rather than felonies.

If you or someone you know faces such charges, the Sigal Law Group can help. Contact our offices today for a free consultation.