The Defense Arsenal
← All California charges
WobblerCalifornia · Penal Code § 261.5

Unlawful Sex with a Minor

Having sex with someone under 18 (not your spouse).

Can be charged as a felony OR a misdemeanor.

What the prosecutor must prove

They must prove every one of these. If one is missing, you should not be found guilty.

  1. 1Sex happened
  2. 2The person was under 18
  3. 3You were not married to them

Possible punishment

Misdemeanor: up to 1 year. Felony up to 4 years, by age gap.