If you’ve heard of “Romeo and Juliet” laws in other states, you might be wondering if California offers similar legal protections for teenagers and young adults in consensual relationships. These laws are designed to prevent overly harsh penalties for close-in-age relationships—but California’s legal landscape is more nuanced.
In this post, the team at Carolyn L. Oliver | Criminal Defense Law Firm explains how California handles age-of-consent laws, whether Romeo and Juliet laws apply, and what you need to know if you or someone you love is facing statutory rape charges.
What Are Romeo and Juliet Laws?
Romeo and Juliet laws—also called close-in-age exemptions—are legal protections that lessen or eliminate criminal penalties for consensual sexual relationships between minors or between a minor and someone only slightly older.
In states that have such laws, these provisions help prevent life-altering charges—like statutory rape—for young adults who engage in consensual sexual activity with partners close to their own age.
California’s Approach: No Official Romeo and Juliet Law
California does not have an official Romeo and Juliet law. The legal age of consent is 18 years old. Technically, this means any sexual activity with a person under 18 can be considered statutory rape, regardless of how close in age the partners are or whether the relationship was consensual.
That said, California law does consider age differences when determining penalties, and prosecutors often exercise discretion in these cases.
California’s Statutory Rape Law
Under California Penal Code § 261.5, statutory rape is defined as unlawful sexual intercourse with a person under the age of 18 who is not the spouse of the perpetrator. The law applies regardless of whether the minor consented.
Key features of California’s statutory rape law include:
- It is a “wobbler” offense—meaning it can be charged as a misdemeanor or felony, depending on the case.
- The age difference between the involved parties plays a critical role in how the offense is charged.
- The law is gender-neutral and applies to all sexual orientations.
How Age Difference Affects Penalties
Although California lacks a formal Romeo and Juliet provision, the age gap between the minor and the defendant affects the severity of the offense:
- 3 years or less: Always charged as a misdemeanor.
- More than 3 years: Can be charged as a misdemeanor or felony.
- Defendant is 21 or older and the minor is under 16: Always a felony.
Possible Penalties:
- Misdemeanor: Up to 1 year in county jail and/or up to a $1,000 fine.
- Felony: 16 months, 2, or 3 years in state prison and/or up to a $10,000 fine.
- Felony (when minor is under 16 and defendant is over 21): 2 to 4 years in prison.
Civil Penalties
Statutory rape convictions may also carry civil penalties ranging from $2,000 to $25,000, depending on the age gap. This is in addition to criminal charges and potential jail or prison time.
Sex Offender Registration
A conviction for statutory rape in California does not automatically require sex offender registration. However, in certain cases—especially if other sexual offenses are involved or the court finds reason—it can become part of sentencing.
How Prosecutors Handle Close-in-Age Relationships
While California law doesn’t offer a Romeo and Juliet exemption, prosecutors often use discretion, particularly in cases involving:
- Small age differences
- Mutually consensual relationships
- No history of coercion or abuse
- Support from the minor or their family
Factors like the defendant’s prior criminal history, the maturity of both individuals, and the circumstances of the relationship can influence whether charges are filed and how serious they are.
Common Legal Defenses for Statutory Rape
If you’re facing statutory rape charges, your attorney may be able to assert one or more of the following defenses:
- Mistaken belief about age (must be reasonable and in good faith)
- False accusations
- Insufficient evidence
- Constitutional rights violations, such as illegal searches or interrogations
Each case is unique, and outcomes often depend on swift, strategic action from a defense attorney who understands the complexities of California law.
Speak with an Experienced Defense Attorney Today
At Carolyn L. Oliver | Criminal Defense Law Firm, we understand how overwhelming and stressful statutory rape allegations can be—especially in close-in-age relationships. Our team offers respectful, judgment-free, and aggressive representation to help you fight for your freedom, reputation, and future.
Whether you’re a parent concerned about your child’s relationship or a young adult facing accusations, don’t wait to see what happens next. The sooner you act, the better your chances of a positive outcome.
Call today for a confidential case evaluation and start protecting your future now.
Disclaimer:
This blog is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Past outcomes do not guarantee future results. Always consult with an attorney for legal advice specific to your situation.
