Sex crime laws can be confusing in California. From soliciting prostitution to child molestation, the penalties for sex offenses can range from minor to severe, making it all the more important to understand the potential legal ramifications involved.
Because the legal age of consent varies from state to state, it can be tricky to know what constitutes consensual sex in California. The concept of Romeo and Juliet laws can make understanding sex crimes all the more confusing, as not every state upholds such laws.
In this blog post, we will explore what Romeo & Juliet laws are, clarify California's stance on these laws, discuss the legal age of consent in the state, and shed light on the charges individuals can face for engaging in sexual activity with someone under 18 years old.
Understanding Romeo & Juliet Laws
Romeo and Juliet laws, also known as close-in-age exemptions, are legal provisions that exist in some states to provide a degree of leniency when consensual sexual activity occurs between minors or young adults who are close in age.
Essentially, Romeo and Juliet laws recognize that prosecuting individuals engaged in such activity as criminals may not align with the principles of justice in certain circumstances. Although some states recognize close-in-age exemptions, California isn’t one of them.
Because California doesn’t recognize Romeo and Juliet laws, consensual sexual activity involving minors, regardless of age difference, is illegal in the Golden State.
What Is the Legal Age of Consent in California?
In California, the legal age of consent is 18 years old. This means that individuals under the age of 18 are considered minors (e.g., individuals who cannot legally consent to sexual activity). Therefore, any sexual relationship involving someone under 18 can lead to criminal charges.
What Constitutes Consensual Sex?
In California sex crimes, the definition of “sex” extends beyond vaginal or penetrative intercourse. Under the law, “sex” can include any form of unlawful sexual contact, including (but not limited to):
- Oral sex – Engaging in oral-genital contact, commonly known as oral sex, can result in criminal charges if it involves a minor or non-consenting individual.
- Anal sex – Any sexual penetration involving the anus is considered a sexual act and falls under the purview of sex crimes in California.
- Digital penetration – Inserting fingers or objects into the vagina or anus of another person constitutes a sexual act. It can lead to criminal charges if done without consent or with a minor.
- Fondling or groping – Touching or fondling another person's intimate body parts, such as breasts or genitals, for sexual gratification constitutes a sexual act and can be charged as a sex crime.
- Lewd acts – Engaging in any sexual behavior or conduct considered lewd or obscene, such as exposing oneself or engaging in indecent exposure, can lead to criminal charges.
- Child sexual abuse materials (CSAM) – Formerly known as child pornography, the production, distribution, or possession of sexually explicit images or videos featuring minors engaging in sexual acts is a serious crime in California.
- Sexting with minors – Sending or receiving sexually explicit text messages, images, or videos involving minors can result in criminal charges, even if both parties are minors.
For sex to be considered consensual, sexual activity must occur between two consenting adults who are at least 18 years of age.
Understanding Statutory Rape in CA
Engaging in sexual activity with a minor in California can result in a criminal conviction for various offenses. One of the most common charges is statutory rape under California Penal Code 261.5. This law defines statutory rape as engaging in sexual intercourse with a person under 18 years old, regardless of their consent.
Apart from statutory rape, other criminal charges can be brought against individuals involved in sexual activity with someone under 18 years old in California, such as:
- Lewd acts with a minor under Penal Code 288(a): This charge applies when one person engages in sexual acts with a minor for the purpose of sexual gratification.
- Unlawful sexual intercourse under Penal Code 261.5(c): This charge applies when there is consensual sexual intercourse between a person aged 21 or older and a minor aged 16 or 17.
- Child molestation under Penal Code 647.6: This charge applies when someone engages in sexual conduct with a minor to arouse or gratify their own or the minor's sexual desires.
It’s crucial to understand that engaging in any type of sexual activity with a minor in California can result in serious legal penalties and life-altering implications in criminal court.
Fiercely Defending the Accused in the Bay Area
At the Law Office of Nabiel C. Ahmed, we have decades of experience defending Californians throughout the Bay Area against a variety of criminal offenses. From DUI defense to internet crimes, you can count on our seasoned criminal defense attorney to fight tirelessly to restore your freedom and clear your name. If you’ve been accused of a crime, turn to the Bay Area’s top criminal defense law firm to safeguard your hard-earned reputation and work to get the charges against you dropped or reduced.
If you’ve been charged with a crime, securing an aggressive defense is a top priority. Call (510) 907-6600 to schedule a consultation.