State Guide
Age of Consent in California
A plain-English guide to the age of consent in California, cited to the California Penal Code. California does not have a close-in-age exemption; the age gap instead determines how severely the offense is charged.
No close-in-age exemptionAge of consent in California
Close-in-age exemption or affirmative defense
Age gap threshold for misdemeanor-only charging
California Penal Code
Overview
California sets its age of consent at 18, one of the higher thresholds in the country. Under Penal Code Section 261.5, sexual intercourse with a minor is illegal regardless of whether the minor agreed to it, and it does not matter if both people believed the relationship was consensual or serious.
California’s approach is structurally different from states that have a close-in-age exemption. It has no provision that makes the conduct legal, or even a defense that excuses it, just because the two people are close in age. Instead, the age gap changes how severely the offense can be charged: a small gap keeps the charge at the misdemeanor level, while a larger gap opens the door to felony charges and higher civil penalties.
California at a glance
The core figures from this guide, in one place.
| Age of consent | 18 |
|---|---|
| Governing statute | California Penal Code § 261.5 |
| Close-in-age exemption | None |
| Age-based defense available | Reasonable belief of age (CALCRIM 1071/1072) |
| Related offense | Lewd acts with a child under 14 — Penal Code § 288 |
Age of consent in California
Penal Code Section 261.5(a) defines unlawful sexual intercourse as intercourse with someone who is not the perpetrator’s spouse, where that person is a minor. The statute defines a minor as a person under 18 and an adult as a person at least 18. This makes 18 the effective age of consent in California, without exception for how close in age the two people are.
Close-in-age rules in California
Penal Code Section 261.5 scales the offense by age gap rather than exempting anyone from it:
- If the age gap is three years or less in either direction, the offense is a misdemeanor only.
- If the perpetrator is more than three years older than the minor, the offense becomes a “wobbler,” meaning prosecutors can charge it as a misdemeanor or a felony.
- If the perpetrator is 21 or older and the minor is under 16, it is a wobbler with felony exposure of up to four years in state prison.
- Separately from criminal charges, California law allows civil penalties scaled to the same age gaps, from $2,000 up to $25,000.
How the age gap changes the charge
California has no exemption tier — every tier below is still a criminal offense. The age gap changes severity, not legality.
| Age gap | Charge level | Maximum civil penalty |
|---|---|---|
| 3 years or less | Misdemeanor only | $2,000 |
| More than 3 years | Wobbler (misdemeanor or felony) | $10,000 |
| Perpetrator 21+, minor under 16 | Wobbler, felony up to 4 years | $25,000 |
Exceptions and defenses
California does recognize one narrow defense that is often confused with a close-in-age exemption, but is legally a different thing: a reasonable, good-faith belief that the other person was 18 or older. This is sometimes called a mistake-of-age defense, and it is described in the state’s own jury instructions, CALCRIM No. 1071 and 1072.
This defense does not depend on how close in age the two people actually were. It depends on whether the accused had an objectively reasonable basis, such as being shown a genuine-looking ID or being told a specific, plausible age, for believing the other person had already turned 18. A subjective assumption alone, without supporting facts, is not enough.
Marriage to the other person is also a complete exclusion from the statute, since Section 261.5(a) only applies where the two people are not spouses.
Applicable statutes
The codified California law this guide is drawn from.
Practical examples
Example 1. A 16-year-old and an 18-year-old, a two-year gap. Unlike a state with a close-in-age exemption, this is still a violation of Section 261.5 in California regardless of consent. The two-year gap keeps it at the misdemeanor level under subsection (b), rather than exempting it entirely.
Example 2. A 15-year-old and a 20-year-old, a five-year gap. This exceeds the three-year misdemeanor threshold, so the offense becomes a wobbler under subsection (c), meaning it could be charged as a misdemeanor or a felony.
Example 3. A 15-year-old and a 25-year-old. Because the older person is 21 or older and the younger person is under 16, subsection (d) applies: a wobbler with felony exposure of up to four years in state prison, and civil penalties of up to $25,000 under subsection (e).
Frequently asked questions about California
What is the age of consent in California?
18. California Penal Code Section 261.5 defines a minor as a person under 18, and unlawful sexual intercourse as intercourse with a minor who is not the perpetrator’s spouse.
Does California have a Romeo and Juliet law?
No. California has no provision that makes the conduct legal, or a defense that excuses it, because the two people are close in age. The age gap instead determines whether the charge is a misdemeanor or opens the door to a felony.
Is there any defense based on age gap or belief about age?
California recognizes a reasonable, good-faith belief that the other person was 18 or older, under CALCRIM No. 1071 and 1072. This is a mistake-of-age defense, not a close-in-age exemption, and it depends on objective facts supporting that belief, not on how close in age the two people were.
Does a California statutory rape conviction require sex offender registration?
Generally, no. A conviction under Section 261.5 alone, whether charged as a misdemeanor or a felony, does not typically require registration under Penal Code Section 290, which is different from many other California sex offenses.
What happens if the age gap is very large and the minor is under 16?
Section 261.5(d) applies a harsher standard: if the older person is 21 or older and the minor is under 16, the offense is a wobbler with felony exposure of up to four years in state prison, plus civil penalties of up to $25,000.
Official sources
Primary and official sources this guide is built from.
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the California Penal Code and the Judicial Council’s CALCRIM jury instructions, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed California attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the California Penal Code as of 24 July 2026. It has not yet been reviewed by a licensed California attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.