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.
- 1Sex happened
- 2The person was under 18
- 3You were not married to them
Possible punishment
Misdemeanor: up to 1 year. Felony up to 4 years, by age gap.
