California Age of Consent Lawyers

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What is the Age of Consent in California?

In California, the age of consent to have sex is 18. The law is written in gender-neutral language, so it applies whether the victim is male or female, and applies identically to heterosexual and homosexual conduct.

If the 2 parties to the sexual conduct are within 3 years of the same age, and one of them is a minor, there is no criminal liability. If there is an age difference of more than 5 years, and one of the parties is a minor, the criminal sentence in California is enhanced.

California is rare in that it has one age of consent that applies across the board. For example, in many states, if two people who are under the age of consent, and close to the same age, have sex with each other, no crime is committed. In California, if 2 people, both under the age of consent, have sex with each other, both are committing a crime. Both parties to the act would be simultaneously victims and offenders.

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Last Modified: 04-20-2011 12:20 PM PDT

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