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In California, a person must be at least 18 years of age to be legally capable of consenting to have sex. This means that it is illegal to have sex with a minor under 18, even if the minor is a willing participant and even if the minor initiates the sexual activity. Our California criminal defense attorneys will address the following in this article:. Under California law, a person must be at least 18 years old to legally consent to sex. People who have sexual intercourse with a minor face criminal charges, typically for statutory rape, per Penal Code Ejaculation is not required.

Age of consent laws are meant to deter adults from seeking out underage sex partners who are not mature enough to make intelligent and informed decisions regarding the physical and emotional risks of having sex. Under California Penal Code A statutory rape charge, or a conviction of the same, does not require sex offender registration under California Penal Code PC.

Certain related offenses, though, do require the defendant to be on the sex offender registry, including:. Now with the passing of California Senate Bill , judges may waive the sex registration requirement for certain defendants convicted under the following Penal Code subsections if the child was a year-old or older and within 10 years of age of the defendant:. Opponents of the new law claim it promotes pedophilia and sexual abuse. California does not have a Romeo and Juliet law.

An example here is when two people engage in consensual sex and both are 17 years old, or one is 16 years old and the other is Since there is no Rome and Juliet law in California, it is possible for two people, both under the age of 18, to be prosecuted for statutory rape if they engage in sexual intercourse. If a minor is lawfully married to an adult, then they may engage in consensual sex. There is one exception where a minor can have sexual intercourse with an adult.