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California Legal Age of Consent: What You Need to Know to Protect Yourself and Your Future

In California, understanding the laws around the legal age of consent is crucial for protecting your rights and avoiding serious legal consequences. Whether you’re a young adult in a relationship, a concerned parent, or someone facing legal charges, knowing these laws can mean the difference between freedom and facing criminal penalties.

At Kersey Law, we’ve helped countless individuals navigate the complexities of California’s age of consent laws. As an experienced criminal defense attorney specializing in defending against serious sex crime charges, I know how quickly misunderstandings can lead to life-altering consequences. In this guide, I’ll walk you through everything you need to know about California’s legal age of consent, its implications, and how to protect yourself.

In California, the legal age of consent is 18. This means that anyone under 18 is considered a minor and is legally unable to consent to sexual activity. Even if a minor agrees to the act, the law does not recognize their consent as valid, and engaging in sexual activities with anyone under 18 is a crime.

This law applies regardless of the circumstances, and even a consensual relationship can lead to criminal charges if one party is under 18.

Understanding the age of consent laws is essential because violating these laws can result in serious criminal charges. California law is designed to protect minors from exploitation, but it can also lead to severe penalties for individuals who are unaware of the legal risks involved in a relationship with a minor.

What Is Statutory Rape?

In California, statutory rape refers to sexual intercourse with a person who is under the legal age of consent, even if the minor agrees to the act. The state views minors as incapable of providing legal consent, which is why statutory rape charges can be brought against anyone engaging in sexual activity with a minor, regardless of the circumstances.

Penalties for Statutory Rape

The penalties for statutory rape can be severe and vary depending on the age difference between the minor and the defendant:

  • If the age difference is three years or less, the offense is typically treated as a misdemeanor, punishable by up to one year in jail.
  • If the age difference is more than three years, the offense is classified as a felony, which can result in up to four years in state prison.

Beyond jail time, a conviction for statutory rape can lead to long-term consequences, including a criminal record that can affect your job prospects, housing, and personal relationships.

Mandatory Sex Offender Registration

In addition to jail or prison time, being convicted of statutory rape in California often requires mandatory sex offender registration. This is one of the most significant consequences of a sex crime conviction and can impact every aspect of your life. Sex offender registration can limit where you live, restrict your employment opportunities, and permanently damage your reputation.

Defending Against Statutory Rape Charges

Facing statutory rape charges can be overwhelming, but you’re not without options. Several defense strategies can be used to protect your rights and your future:

  • Lack of Knowledge of Age: If the defendant reasonably believed the minor was of legal age and there is evidence to support this belief, this defense may be valid.
  • No Sexual Activity: Sometimes, accusations are made without the presence of actual sexual activity. Proving that no such activity took place can be an effective defense.
  • False Accusation: In some cases, false accusations are made out of anger, revenge, or misunderstanding. A thorough investigation into the facts of the case can help establish the truth and clear your name.

Why You Need an Experienced Criminal Defense Attorney

A charge of statutory rape or any crime involving the age of consent requires the help of an experienced criminal defense attorney who understands the nuances of sex crime laws in California. At Kersey Law, we specialize in defending individuals facing serious criminal charges. We’ll work to ensure that your side of the story is heard and that you receive a fair defense in court.

Close-in-Age Exceptions (Romeo and Juliet Laws)

While California’s age of consent laws are strict, there are nuances to consider. One of these is the “Romeo and Juliet” law, which applies when both parties are close in age. If the age difference between the minor and the adult is three years or less, the offense is often treated as a misdemeanor rather than a felony. This can result in lesser penalties and no mandatory sex offender registration.

However, it’s essential to understand that even under the Romeo and Juliet law, sexual activity with a minor can still lead to criminal charges.

Marital Exception

California also provides a marital exception in its age of consent laws. If a minor is legally married, some of the consent laws may not apply. However, this is a rare exception, and it does not exempt individuals from other potential legal consequences if the marriage itself is deemed unlawful or coercive.

A common misconception is that if a minor agrees to sexual activity, it’s legal. This is not true in California. The law is clear: minors under 18 cannot legally consent to sexual activity, and engaging in sexual acts with a minor, even with their consent, is a crime.

Myth 2: “The Laws Only Apply to Adults in Relationships with Minors”

Some believe that age of consent laws only apply to relationships between adults and minors. However, age of consent laws apply to anyone engaging in sexual activity with a minor, regardless of whether the offender is also a minor or close in age. It’s important to be aware of the legal risks in relationships involving a minor.

How to Protect Yourself and Your Loved Ones

Know the Laws

The best way to protect yourself and your loved ones from potential legal issues is to fully understand California’s age of consent laws. If you’re in a relationship or know someone who is, ensure that all parties are aware of the legal risks involved if one person is under 18.

If you are concerned about a potential legal issue or are facing charges, it’s critical to seek legal advice immediately. The earlier you consult with a criminal defense attorney, the better your chances of building a strong defense.

At Kersey Law, we offer confidential consultations to discuss your case and guide you through the legal process. We’re here to help protect your rights and secure the best possible outcome.

Facing legal issues related to the age of consent in California can be daunting. Whether you’re dealing with statutory rape accusations or simply want to protect yourself from future legal problems, Kersey Law is here to help. We specialize in defending individuals against serious criminal charges, ensuring that your rights are protected every step of the way.

Contact us today for a confidential consultation.

Picture of Meet Jamahl Kersey

Meet Jamahl Kersey

Jamahl Kersey is a distinguished criminal defense attorney and the principal attorney at Kersey Law, a boutique law firm in San Diego. With a focus on criminal defense, Jamahl has built a reputation for his unwavering dedication to protecting his clients' rights and securing favorable outcomes in complex cases. Known for his strategic approach and thorough understanding of the law, he has successfully defended clients against various charges, including sex crimes and other serious offenses.

Beyond his legal practice, Jamahl is committed to supporting his community and providing educational resources to help individuals understand their legal rights. He regularly engages in discussions about criminal justice reform and is passionate about empowering young people to navigate potential legal challenges. Jamahl's dedication to his clients and community has established him as a trusted advocate and leader in the San Diego legal community.

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Why Kersey Law is the Right Choice for High-Stakes Criminal Defense

  • Protecting Your Reputation and Career—We Know What’s at Stake

    When your career, reputation, and future are on the line, there’s no room for mistakes. At Kersey Law, we understand that losing is not an option. We take a proactive and discreet approach to every case, ensuring your professional standing is safeguarded at every step. Your case will be handled with the utmost confidentiality, ensuring that your public and private life remain intact. For clients with the highest stakes, we focus on delivering the exceptional outcomes you deserve.

  • 24/7 Availability—We Are Here When You Need Us Most

    Legal emergencies don’t wait for business hours, and neither do we. As a client of Kersey Law, you’ll have access to 24/7 availability for urgent matters. We’re here when you need us, ensuring that critical situations are addressed immediately. Whether it’s the middle of the night or the weekend, you can count on us to be there and act quickly. This level of support is vital when everything is on the line.

  • Our Experience—Proven Results in High-Stakes Cases

    Kersey Law has defended nearly every type of criminal accusation, from misdemeanors to capital offenses. Whether you’re facing charges like Sexual Assault, DWI, or even Aggravated Assault with a Deadly Weapon, our team has the experience and expertise to handle the most complex, high-stakes cases. We’ve built a proven track record of success in defending clients whose futures depend on the outcome. Trust us to use every tool at our disposal to fight for you.

  • We Return All Phone Calls Within Hours—Because Your Case Deserves Immediate Attention

    Unlike many firms that leave clients waiting for days or weeks, we have a strict 24-hour callback policy. Your calls will be returned within hours, ensuring that you’re never left in the dark. We understand the urgency of your situation, and we pride ourselves on keeping the lines of communication open. Your case is our top priority, and you’ll always know where things stand.

  • Strategic, Relentless Defense—We Go Above and Beyond

    At Kersey Law, we go above and beyond to provide a strategic, personalized defense tailored to your specific situation. Our attorneys take the time to fully understand your case and work tirelessly to develop a strategy that aligns with your goals. We’re relentless in our pursuit of the best possible outcomes and leave no stone unturned in defending your rights and future. When you hire us, you can rest assured that your case is in the hands of a legal team committed to delivering excellence.

When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

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Best Attorney Experience Jamahl was my first criminal lawyer — and I hope to God my last. What you see is what you get with him. Not only is he an attorney, but he’s also a YouTuber, so you can actually check out his channel and see for yourself how knowledgeable he really is. During the most difficult time of my life, Jamahl was there to tell it like it is. Between court dates, he didn’t waste time with unnecessary calls or meetings, but whenever I had a question, he answered right away. I trusted him to do his job, gave him whatever information he asked for, and it worked out perfectly. He really listened to where I was coming from and understood my case details. Another thing I appreciated was his firm’s pricing — straightforward, clear, and with no hidden fees. At the same time, I had been paying another attorney who charged me for “case review meetings” every month without providing documentation or results. I felt completely taken advantage of. Now I know why that firm is called “The Moore Group” — more money, more frustration, and no results. In the end, thanks to Jamahl and his team, I went from facing two misdemeanors to only having to complete seven anger management classes — and then it will all be dismissed. That’s an incredible outcome, and I couldn’t be more grateful. I wish Mr. Kersey and his family all the best. Thank you to him and everyone who helped make this happen. Don’t forget to check out his channel: 👉 Jamahl Kersey YouTube
Gary Flores
I am beyond grateful to Keysey Law Firm for everything they've done, not just for me but for my family as well. For over 25 years, I've carried a weight I thought I might never be free from. Thanks to Mr. Kersey and his team that burden has finally been lifted. Even though I live in Texas and this case was in California their team made the entire process seamless. I was prepared to travel across the country is needed, but Mr. Kersey and his team handled everything remotely, with professionalism, care and incredible efficiency. Their customer service is outstanding, always responsive, kept me informed every step of the way and never once made me feel like my many questions were ever a bother. Their patience, kindness, and dedication stood out in every interaction. The relief I feel now is hard to put into words...it's overwhelming is the best possible way. What once felt impossible is now behind me, and that's entirely because of the incredible team at Kersey Law. From the bottom of my heart..thank you all!!
Nick M
We all know that going to court can be very stressful. In my particular case I was arrested on a felony and misdemeanor charge. I mention this because this was the first time I ever had to call around trying to find the right lawyer and was unaware of how expensive attorneys can be, which only added on to my worries.Nonetheless, I called law firm after law firm and felt as if most just wanted to know my charges so that they could hurry and give me a quote. When I got into contact with Mr Kersey, it was a completely different experience, I felt he truly cared about me and understood my worries about possible conviction and my financial worries aswell. He reassured me multiple times on our first call that he would be able to defend me in court (which at the time I really needed to hear) , his confidence, understanding, and willingness to go out of his way to help me find a way to pay for representation sealed my choice with picking Kersey Law to represent me in court. The results, I had all charges, both felony’s and misdemeanors dismissed. The experience of having Kersey Law on my side was one of the best choices I have ever made as they always kept me up to date with everything and anything I needed to know before each court date in a timely fashion. Whenever I had any questions or felt nervous after or before a court hearing, I would reach out to Kersey law and they always made sure that all my questions and worries were addressed. They will communicate with you throughout the entire court process, you will not feel alone and you can rest assured that the people that are representing you in court are truly fighting for you, care about you and have your best interests in mind. With Kersey law you don’t have to go through this challenging process alone and will have someone on your side who can get the job done, like I mentioned prior, with their representation I had all my charges dismissed. This law firm is the right option as they will be there for you from start to end. I will forever be thankful for all of the team at Kersey law!
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