An allegation of unlawful sexual intercourse with a minor often arrives without warning, through a phone call from a detective, a report from a school or parent, or an arrest. Whether you are the person accused or a parent trying to help an adult child, the next steps matter. Ambrosio & Associates is a Los Angeles statutory rape attorney firm that defends people charged under California Penal Code section 261.5, led by Ambrosio E. Rodriguez, a former Senior Deputy District Attorney with over 13 years of prosecutorial experience handling serious cases, including sexual assault.
Do not discuss the allegation with investigators, the other person, or their family before speaking with counsel. Call (213) 995-6767 for a free, confidential consultation, available 24/7.
Table of contents
- What Is the Age of Consent in California?
- How Does California Define Statutory Rape Under PC 261.5?
- What Are the Penalties for Statutory Rape in California?
- Does California Have a Romeo and Juliet Law?
- Does a Statutory Rape Conviction Require Sex Offender Registration?
- Defenses to Statutory Rape Charges in California
- How PC 261.5 Cases Unfold in Los Angeles County
- Why Choose Ambrosio & Associates
- Statutory Rape FAQs
- An Allegation Deserves a Defense, Not Assumptions
What Is the Age of Consent in California?
The age of consent in California is 18. Sexual intercourse with anyone under 18 who is not the person's spouse may be charged as unlawful sexual intercourse under Penal Code section 261.5, even if the minor agreed to it.
This page covers California law only. Other states set different ages and rules, and the law of the state where the conduct occurred controls. For a broader discussion of age-of-consent questions, see our article on whether you can date a 17-year-old at 19.
How Does California Define Statutory Rape Under PC 261.5?
California law calls the offense "unlawful sexual intercourse with a minor." "Statutory rape" is the common name. To convict, prosecutors must prove each of the following beyond a reasonable doubt:
- The accused had sexual intercourse with another person.
- The accused and the other person were not married to each other at the time.
- The other person was under 18 at the time of the act.
Consent is not a defense, because the law treats a minor as unable to legally consent. Force is not an element either. When force, threats, or incapacity are alleged, prosecutors usually file a different charge under Penal Code section 261, which our Los Angeles sex crimes attorney page addresses.
What Are the Penalties for Statutory Rape in California?
The penalty under PC 261.5 depends mainly on the age difference between the two people and whether the accused was 21 or older. A small age gap is a misdemeanor, while larger gaps make the charge a wobbler that prosecutors may file as a felony.
| Circumstances | Classification | Maximum custody | Maximum civil penalty |
| Minor is not more than three years older or younger than the accused, PC 261.5(b) | Misdemeanor | Up to six months in county jail, a fine of up to $1,000, or both, under PC 19 | $2,000 if the minor is less than two years younger; $5,000 if at least two years younger |
| Minor is more than three years younger than the accused, PC 261.5(c) | Wobbler | Up to one year in county jail, or 16 months, two, or three years under PC 1170(h) | $10,000 |
| Accused is 21 or older and the minor is under 16, PC 261.5(d) | Wobbler | Up to one year in county jail, or two, three, or four years under PC 1170(h) | $25,000 |
Civil penalties are separate from criminal fines, and the district attorney may pursue them in a separate action. Felony terms under PC 1170(h) are generally served in county jail rather than state prison.
Does California Have a Romeo and Juliet Law?
California does not have a statute called a Romeo and Juliet law. Instead, PC 261.5(b) treats intercourse between people within three years of age as a misdemeanor, which works as a partial close-in-age rule. It reduces the penalty but does not make the conduct legal, and prosecutors still decide whether to file.
Does a Statutory Rape Conviction Require Sex Offender Registration?
A conviction under PC 261.5 does not trigger mandatory sex offender registration under Penal Code section 290. However, a judge may order registration under Penal Code section 290.006 after finding, at conviction or sentencing, that the offense was committed as a result of sexual compulsion or for purposes of sexual gratification, and the judge must state the reasons on the record. Discretionary registration is ordinarily at tier one, which lasts at least 10 years, unless the court explains why a higher tier applies.
Registration exposure often changes when prosecutors add related counts, such as oral copulation with a minor or lewd acts with a child. Where the minor is under 14, the case may be charged as child molestation charges under PC 288, which carries far more serious consequences. Our page on sex offender registration explains the tiered registry and what compliance requires.
If registration is a possibility in your case, it belongs in every plea discussion. Call (213) 995-6767 for a free case review.
Defenses to Statutory Rape Charges in California
The right defense depends on the evidence, the ages involved, and how the investigation was conducted. Common defenses include:
- Reasonable belief of age. Under People v. Hernandez (1964), a good-faith, reasonable belief that the other person was 18 or older is a defense to PC 261.5. Evidence may include how the person described their age, where the two met, identification shown, or statements to others.
- No intercourse occurred. The allegation may be false, exaggerated, or the product of a family conflict, a breakup, or pressure from others.
- Insufficient proof of age or timing. The prosecution must prove the minor's age on the specific date. Records and timelines sometimes do not support the charge as filed.
- Unlawful evidence. Statements taken in violation of Miranda, unlawful phone searches, and improperly obtained messages may be challenged.
- Marriage. PC 261.5 applies only when the two people were not married to each other.
How a Los Angeles Statutory Rape Defense Attorney Investigates the Case
- Reviews the full message history, not just the excerpts in the police report.
- Examines social media profiles, dating app records, and any representations about age.
- Obtains the recorded forensic interview of the complaining witness and compares it with other statements.
- Identifies witnesses who observed the relationship and how the minor presented their age.
- Evaluates whether the case should be handled pre-filing, in juvenile court, or through negotiation.
How PC 261.5 Cases Unfold in Los Angeles County
Many statutory rape cases begin long before an arrest. A parent, school, counselor, or medical provider makes a report, and detectives from LAPD or the Sheriff's Department open an investigation. Investigators may interview the minor, collect phone records, and sometimes arrange a recorded "pretext" call in which the minor or a parent tries to get the accused to discuss the relationship.
If a detective or anyone connected to the case reaches out, take these steps:
- Do not discuss the relationship by phone, text, or social media with anyone involved.
- Do not delete messages or accounts, which may create a separate problem.
- Decline any interview and ask to speak with a lawyer.
- Follow any protective order exactly, including indirect contact through friends.
Once the district attorney files, felony-level cases downtown are typically heard at the Clara Shortridge Foltz Criminal Justice Center, while others go to branch courthouses based on where the conduct allegedly occurred.
Why Choose Ambrosio & Associates
- Former sexual assault prosecutor. The firm is led by a former Senior Deputy District Attorney who handled sexual assault cases and knows how they are investigated and charged.
- Discreet handling. Sex offense allegations affect school, work, and family. The firm handles each matter privately and communicates directly with the client.
- Registration-focused strategy. Every case is evaluated with registration and long-term consequences in view, not just the sentence.
- Available 24/7. The firm answers around the clock, in English and Spanish.
Statutory Rape FAQs
Is it statutory rape if both people are under 18?
Technically, yes. PC 261.5 applies whenever the other person is a minor, even if the accused is also a minor. When both are under 18, the case is usually handled in juvenile court, and prosecutors often decline to file close-in-age cases. The facts, ages, and circumstances drive that decision.
What if the other person said they were 18?
A reasonable, good-faith belief that the other person was at least 18 is a recognized defense in California. The belief must be genuine and reasonable under the circumstances. A dating profile, statements to friends, a fake ID, or the setting where the two met may support it.
Is it a crime for a 19-year-old and a 17-year-old to have sex in California?
Yes. Because the minor is under 18, the conduct falls under PC 261.5. With an age gap of three years or less, it is a misdemeanor under subdivision (b), not a felony. Prosecutors still decide whether to file, and many factors affect that decision.
Will charges be dropped if the minor does not want to press charges?
Not automatically. In California, the district attorney decides whether to file and continue a case, not the minor or their family. A reluctant witness may affect the strength of the evidence, but prosecutors sometimes proceed using messages, records, or other witnesses.
Do I have to register as a sex offender for statutory rape?
Registration is not mandatory for a PC 261.5 conviction, but a judge may order it on a discretionary basis. Related charges, such as lewd acts with a child under 14, carry mandatory registration. Your lawyer should evaluate registration risk before any plea.
An Allegation Deserves a Defense, Not Assumptions
Statutory rape cases often turn on messages, timelines, and what each person believed. Those details are easiest to preserve early. Call Ambrosio & Associates at (213) 995-6767 for a free, confidential consultation, available 24/7, or contact the firm online. The office is at 626 Wilshire Boulevard, Suite 460, Los Angeles, CA 90017.
This page is for general informational purposes and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.