California Penal Code

§ 261.5

PEN § 261.5 Effective Jan 1, 2024Title 9 · Part 1 · Ch. 1

Statute text

(a)Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under 18 years of age and an “adult” is a person who is 18 years of age or older.

(b)A 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)A 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.

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Legislative history

Amended by Stats. 2023, Ch. 838, Sec. 1. (AB 1371) Effective January 1, 2024.