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Penal code § 261.5 pc makes it statutory rape to have sexual intercourse with anyone not your spouse who is under 18 years old (california's age of consent). Age difference more than 3 years. (a) unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor
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For the purposes of this section, a “ minor ” is a person under 18 years of age and an “ adult ” is a person who is 18 years of age or older. A convicted defendant faces up to 364 days in county jail or 2, 3, or 4 years in prison When sexual intercourse* with a minor must be reported as child abuse by mandated reporters
California law the california child abuse and neglect reporting act requires certain professionals (“mandated reporters”), like teachers and health care providers, to report to child protection or law enforcement when they know or reasonably suspect child abuse
Sexual intercourse with a minor (a. For the purposes of this section, a “minor” is a person under 18 years of age and an “adult” is a person who is 18 years of age or older. Sexual intercourse or activity with a minor which is coerced, exploitative, or based on intimidation, regardless of claimed consent by the minor Sexual activity involving a 14 or 15 year old when the partner is 10 or more years older and when a 13 year old or younger is sexually active with a partner who is 14 or older.
The law on the crime of statutory rape, also known as unlawful sexual intercourse, is found at california penal code sections 261.5 (b), 261.5 (c) and 261.5 (d) The term statutory rape is actually an older term that is no longer used in criminal court The modern term for statutory rape is unlawful sexual intercourse with a minor The reason for the change in terminology is to reflect a major.
A person who engages in unlawful sexual intercourse with a minor can face the following penalties
If the defendant is 21 or older and the minor is younger than 16, the offense is a wobbler