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Understanding Penal Code 261.5 PC – Statutory Rape

Posted by Christopher Martens | Oct 06, 2024 | 0 Comments

 

California Penal Code 261.5 PC makes it illegal for an adult to engage in sexual activity with a minor, even if the relationship is consensual. This law, commonly referred to as statutory rape, applies to any individual who has sex with a person under the age of 18, as long as they are not married to the minor.

Example:

Reynaldo, who just turned 18, has been in a two-year relationship with his girlfriend, Brittany, who is 17. When Brittany becomes pregnant and discloses that Reynaldo is the father during a doctor's visit, Reynaldo is arrested for violating Penal Code 261.5 because Brittany is a minor, even though their relationship was consensual.

Understanding Penal Code 261.5 PC – Statutory Rape:

In California, statutory rape involves engaging in sexual activity with a minor under 18. It does not matter if the minor initiated the act or if both parties agreed to it. If the adult is not married to the minor, they can be charged under PC 261.5.

Penalties:

  • Misdemeanor or felony charges: Depending on the age difference between the adult and the minor, statutory rape can be charged as either a misdemeanor or a felony.
  • Potential penalties can include jail time, fines, and mandatory registration as a sex offender in severe cases.

If you or someone you know is facing statutory rape charges under PC 261.5, it's crucial to seek legal assistance. The Martens Law Firm in Bakersfield can provide skilled defense to protect your rights. Contact us to discuss your case.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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