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The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. I was having breakfast the other day with a friend who was giving dating advice to his son.Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old. (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.
Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age 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 for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars (,000).
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars () against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23.
The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.