At Frances Prizzia Criminal Defense Lawyers, we have experience defending clients against all types of charges. Accusations of sexual activity with someone who is underage are always serious. The penalties are stiff, and the social stigma can become an indelible stain.
We firmly believe that every individual is innocent until proven guilty. We know the consequences of such an accusation, let alone a conviction, and we will provide you with the strong defense you deserve. Learn more about the age of consent in California. Then, contact us to schedule a free case consultation.
Since 2014, California has defined consent as an “affirmative and ongoing” process for any sexual activity. This standard is useful for determining what counts as rape among adults but has no bearing on sexual activities where at least one party is a minor (18 years or younger).
California’s age of consent law holds that anyone under 18 cannot consent to sex—so even a “yes” doesn’t count as the affirmative consent lawmakers are looking for. The short version of California’s age of consent law is that anyone who has sex with another person under 18, even if that person is also under 18, has committed a crime. But the issue is much more complex than that.
California law is rather fractured when it comes to addressing sex acts with anyone under the age of consent. The code defining statutory rape does not define sexual intercourse. Still, the contents of other codes that prohibit sexual assault designate separate consequences for instances of penetrative anal sex where at least one of the parties is under the age of consent.
A third set of penalties addresses “oral copulation,” and a fourth set covers “lewd and lascivious acts” performed with children under the age of 14. Keep in mind that if one participant is below a certain age, even consensual oral sex does not exist.
Looking at the way our state code addresses different sex acts, “statutory rape” does not apply to oral or anal sex acts, and the classification of non-penetrative sex acts can be questioned. This makes a bigger difference than you might think, as the law provides different rules and sentences for statutory rape than for other “lewd and lascivious acts” with a minor.
When it comes to unlawful sexual intercourse, both the ages of the participants and their age difference matter. Consent laws consider both the participants' age and how far apart they are in age. A few key points to keep in mind include:
Was sexual intercourse accomplished? The charges for having sexual intercourse (presumably, under the state’s definition, penetrative sex between a male and female) are as follows:
The difference between conviction for a misdemeanor and conviction for a felony is huge; even though felony violations can lead to sentences of up to three years in jail, some instances of statutory rape may require perpetrators to register as sex offenders.
The judge, jury, and prosecution have a large amount of leeway in any statutory rape cases if the parties are more than three years apart because the difference between misdemeanor and felony statutory rape has not been codified.
Statutory rape charges are serious. If someone is too young to legally consent to sexual intercourse, the potential consequences can be serious. A conviction could require sex offender registration, making it exceptionally hard to find gainful employment or a place to live.
Penetrative sex that does not involve vaginal penetration adheres to different statutes and penalties, as oral sex acts. Sexual penetration can be charged and punished as follows:
Though similar to statutory rape laws, the state does not distinguish between acts involving people who are less than three years apart in age and acts involving people who are more than three years apart in age.
Aside from the specific age limits named in the law, all other acts involving minors are prosecuted as misdemeanors.
You may notice that the statutes for anal and oral sex address any acts with children under 14 years of age, while the statutory rape ones only look at the younger party’s age if the older party is over 21.
To reinforce the gravity of engaging in sexual activity with a child under 14 years of age, the state also has another statute that applies to the above laws and expands the definition of sexual activity for this group.
Any person who has sex with a minor under the age of 14 will be charged with a felony and may serve 3, 6, or 8 years in prison if convicted. They will also have to register as a sex offender in California, a requirement that may have devastating effects on their lives and careers.
This rule also gives the state more leeway to convict someone for non-penetrative sex acts, citing any conduct performed “with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires” of either party. The law can, therefore, cover cases of groping, exposure, or non-penetrative sexual activity.
With the differences in penalties and the fluidity of California law regarding sexual activity with a minor, it’s easy to see how minute details matter in the courtroom.
A felony conviction, not to mention registration as a sex offender, can ruin your life forever. Furthermore, depending on the age of the participants, consensual sex might not be a valid defense.
If you’ve been accused of engaging in sexual activity with a minor, it’s essential to hire a lawyer who can give your case personalized attention. The Law Office of Frances Prizzia defends our clients aggressively, protects their rights, and uses all the resources at our disposal to improve their results.
Accusations of a lewd or lascivious act are always serious, and you should leave no stone unturned when it comes to your defense. Let our California sex crimes lawyer provide a robust and comprehensive defense.
Below a minimum age, consent cannot be a valid defense for sex acts. Accusations of activities with underage sex partners are always taken seriously. At Frances Prizzia Criminal Defense Lawyers, we have experience defending clients against accusations.
We know the sensitive nature of these cases, and we will handle yours with the care and compassion it deserves. Contact us to start planning the strongest possible defense.
Contact The Law Office of Frances Prizzia online or call (714) 362-0157 to speak to a criminal defense attorney today.
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