(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars () against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23.
The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars (,000).
All sexual activity without consent is a criminal offence, regardless of age.
These are serious offences that carry serious penalties, including mandatory minimum penalties. In some cases, the age of consent is higher (for example, when there is a relationship of trust, authority or dependency).
This means that if the partner is 2 years or older than the 12 or 13 year old, any sexual activity is a criminal offence.
In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity.
Individuals aged 17 or younger in California are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Separate crimes exist for sodomy with minors and sexual intercourse between a child under age 14 who's attacker was at least seven years older. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare.