What Age Gap Is Illegal to Date in California?

California has one of the strictest age of consent frameworks in the United States, with an absolute threshold of 18 years and no “Romeo and Juliet” exceptions for consensual teenage relationships.

In other words, any sexual contact with someone under 18 is illegal — period.

However, the state uses graduated penalties based on age differences, and notably does not require sex offender registration for basic statutory rape violations.

This means that the consequences for sexual contact with someone under 18 range from misdemeanor charges with county jail time for small age gaps to enhanced felonies carrying up to four years in state prison when adults over 21 engage with minors under 16. Beyond criminal penalties, adults can face civil fines up to $25,000.

If you or someone you know needs help with a specific legal situation, the Helfend Law Group is here to help. Call 800-834-6434 for your free case review.

What does the law say?

California Penal Code Section 261.5 prohibits sexual intercourse with anyone under 18 who is not your spouse. The law contains no “Romeo and Juliet” provisions. California is one of a select number of states without close-in-age exemptions.

  • Age of consent: precisely 18 years (12:01 AM on 18th birthday)
  • Minor’s consent provides no legal defense
  • Marriage is the only legal exception

Importantly, the defendant must have known that the defendant was under 18

Unlike most states, California allows defendants to argue they reasonably and actually believed the victim was 18 or older.

To successfully invoke this defense, defendants must demonstrate both a subjective actual belief and an objective reasonable basis for believing that the victim was 18 or older. Evidence can include:

  • The victim’s explicit statements about their age,
  • Fake identification showing the victim as 18 or older,
  • Meeting locations such as bars, nightclubs, or venues requiring ID to enter,
  • The victim’s physical appearance and mature demeanor,
  • Social media profiles listing an age of 18 or above, and
  • The victim’s conduct.

The defense has limitations. It’s harder to claim that a 14-year-old appeared to be 18 than claiming a 17-year-old did.

Non-sexual dating between adults and minors is legal under California law. No statute prohibits an adult from taking a minor to dinner, movies, school dances, or other social activities, nor from spending time together, studying, or maintaining a romantic relationship — provided the relationship contains no sexual or physical contact intended for sexual arousal or gratification.

This distinction has practical importance for age-gap couples approaching the 18-year threshold. An 18-year-old may legally date a 17-year-old, attend social functions together, hold hands in a non-sexual manner, and maintain the relationship publicly.

Parents may disapprove and impose household rules, but no criminal statute is violated by the dating relationship itself absent sexual conduct.

The moment any sexual conduct occurs, it becomes criminal. California law defines prohibited sexual conduct broadly to include: sexual intercourse of any kind (vaginal, oral, anal); sexual touching intended to arouse or gratify sexual desires; fondling or groping of sexual areas; mutual masturbation; exposing genitals for sexual purposes; and sexual penetration with any body part or object.

Even sexting can constitute illegal conduct under PC 288.2 (sending harmful sexual material to seduce a minor). Showing pornography to minors, soliciting minors for sexual purposes, or arranging meetings with sexual intent all violate separate criminal statutes.

Depending on how young the minor party was, punishments can range from misdemeanors to felonies

For age gaps of three years or less under PC 261.5(b), statutory rape is always a misdemeanor. Maximum penalties include up to one year (364 days) in county jail and up to $1,000 in criminal fines. Courts frequently impose informal or summary probation instead of jail time, particularly for first-time offenders.

Probation conditions typically extend up to two years and may include community service, counseling, court-ordered classes, and HIV testing (which is mandatory). This tier also triggers civil penalties up to $2,000 if the minor is less than two years younger than the defendant.

When the age gap exceeds three years under PC 261.5(c), prosecutors may charge the offense as either a misdemeanor or felony, otherwise known as a “wobbler.” This charging discretion depends on the defendant’s criminal history, specific facts of the case, presence of aggravating circumstances, and use of deception or authority.

As a misdemeanor, penalties mirror the previous tier: up to one year in county jail and $1,000 in fines. As a felony, the offense carries 16 months, two years, or three years in county jail or state prison, with fines up to $10,000. Civil penalties range from $5,000 to $10,000 depending on whether the minor is at least two or three years younger.

The enhanced category under PC 261.5(d) applies specifically when the defendant is 21 or older and the victim is under 16. This scenario is also a wobbler, but with substantially increased felony penalties: two, three, or four years in state prison and up to $10,000 in criminal fines. Courts are less likely to grant probation in these cases given the significant age differential and the defendant’s adult status at an age associated with greater maturity and judgment.

Beyond standard criminal penalties, California imposes civil fines through a separate mechanism under PC 261.5(e). District Attorneys bring these civil penalty actions independently of criminal proceedings, and the fines are assessed regardless of whether criminal charges result in conviction. These civil penalties are deposited in the state’s Underage Pregnancy Prevention Fund. The age-based civil penalty schedule ranges from $2,000 for defendants less than two years older than the minor, up to $25,000 for defendants over 21 with victims under 16.

Statutory rape cases in California commonly do not require sex offender registration

Conviction under PC 261.5 for statutory rape generally does NOT require sex offender registration under California’s Penal Code Section 290. This sets statutory rape apart from nearly all other sex crimes involving minors.

The rationale is that consensual sexual intercourse between teenagers or young adults close in age, while illegal, differs fundamentally from predatory sexual conduct. PC 261.5 violations typically lack the elements of force, coercion, or exploitation present in other sex crimes. Because these cases don’t result in mandatory registration, it significantly reduces the long-term collateral consequences for defendants convicted of statutory rape.

In practice, close-in-age relationships frequently don’t result in criminal charges

District Attorneys rarely file charges against close-in-age minors engaged in consensual sexual relationships. A case involving two 16-year-olds dating and having sex almost never results in criminal charges unless other factors exist:

  • Parental complaints demanding prosecution,
  • Pregnancy resulting from the relationship,
  • Associated crimes such as child pornography or distribution of explicit images,
  • Substance abuse involving the relationship, or
  • Public scandal creating community pressure.

Instead, prosecutors prioritize cases involving significant age gaps, particularly when adults over 21 engage with minors under 16. These cases typically involve clear power imbalances and exploitation concerns warranting criminal intervention.

Additional factors making prosecution likely include: defendants in positions of authority (teachers, coaches, family friends); pattern behavior or multiple victims; pregnancy or transmission of sexually transmitted infections; and aggravating circumstances such as providing alcohol or drugs, deception about intentions, or violation of parents’ explicit prohibitions.

Experienced criminal defense attorneys can intervene before charges are filed through what practitioners call “pre-filing intervention.”

Attorneys contact investigating detectives and assigned prosecutors, present evidence supporting mistake of age defenses, highlight mitigating circumstances such as lack of criminal history and genuine romantic relationship, provide character references and evidence of the defendant’s responsible conduct, and negotiate to convince the District Attorney to reject the case.

Successful pre-filing intervention means the case ends before the defendant is ever formally charged. This is why it’s critical to speak with a skilled attorney if you or someone you know is accused of statutory rape.

California’s statutory rape laws create severe consequences even for consensual relationships. The distinction between misdemeanor county jail and felony state prison often depends on effective legal advocacy during the charging phase.

Helfend Law Group provides experienced criminal defense for age-of-consent cases throughout California. With more than 40 years experience, attorney Robert M. Helfend understands nuances of PC 261.5, related sex crime statutes, and the prosecutorial discretion that determines case outcomes.

Call today for a confidential consultation – 800-834-6434. Early legal intervention can make the critical difference between criminal conviction and case dismissal.

Published October 4, 2025.