Penal Code 261.5 PC – Statutory Rape

California Penal Code Section 261.5 addresses the offense of statutory rape, which involves engaging in sexual intercourse with a minor. Here is the text of Penal Code Section 261.5:

“261.5. (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. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age.

(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.”

In summary, Penal Code Section 261.5 defines statutory rape in California as engaging in sexual intercourse with a minor who is under the age of 18. If the age difference between the perpetrator and the minor is not more than three years, it is generally considered a misdemeanor offense. However, if the age difference exceeds three years, it can be charged as either a misdemeanor or a felony, depending on the specific circumstances. The potential penalties for statutory rape include imprisonment in a county jail for up to one year for a misdemeanor conviction or imprisonment pursuant to Section 1170(h) of the Penal Code for a felony conviction.