The Age of Consent
Penal Code 261.5 — eighteen, a misdemeanor within three years, and a felony term of up to four years from 21 with someone under 16
Unlawful sexual intercourse is intercourse with a minor, a person under 18 years of age, who is not the other person's spouse.
Who handles this in California: State Bar of California, Certified Lawyer Referral Services; and legal aid programs and the state offices, listed in the California directory.
| The ages | The charge |
|---|---|
| The agesNot more than three years apart | The chargeMisdemeanor |
| The agesThe minor more than three years younger | The chargeMisdemeanor or felony, up to one year in county jail or a felony term |
| The ages21 or older, with a minor under 16 | The chargeMisdemeanor or felony, up to one year in county jail or a felony term of two, three or four years |
Civil penalties on top. A district attorney may also seek civil penalties from an adult of up to $2,000, $5,000 or $10,000 as the age gap grows, and up to $25,000 for an adult over 21 with a minor under 16.
Younger children and other offenses are in other sections not covered here. A charge, or the worry of one, is a question for a licensed California attorney.
Sources for this section (1)
- Penal Code 261.5 — Unlawful sexual intercourse with a minor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.