When it comes to teenage relationships, the law can be a complex and often unforgiving terrain. Many states across the U.S. have implemented what are known as “Romeo and Juliet” laws, legal provisions that prevent the prosecution of consensual sexual relationships between teenagers or young adults who are close in age. But what about California? Does it have any such protections?
The short answer is no. California does not have a Romeo and Juliet law. This absence has significant legal implications for teens and young adults navigating romantic relationships. Below, we'll explore what this means under California law, how statutory rape is defined, what penalties one could face, and what defenses are available if charges are brought.

What Are “Romeo and Juliet” Laws?

Named after Shakespeare's famously ill-fated lovers, Romeo and Juliet laws are legislative provisions designed to protect young couples engaged in consensual sexual activity from facing harsh criminal penalties. These laws create close-in-age exemptions, recognizing that consensual relationships between teens or young adults are not the same as exploitative acts committed by adults against minors.
For example:

• Texas permits sexual activity between individuals aged 14 to 17, so long as the older party is within three years of the younger one.
• Under MCL - Section 750.520e, Michigan allows sexual contact (not penetration) between minors aged 13 or older and partners who are less than five years older.

These laws acknowledge the nuanced realities of teenage relationships and aim to prevent criminalizing normal adolescent behavior.

California's Strict Statutory Rape Laws

Unlike the 30+ states that have adopted Romeo and Juliet exemptions, California enforces a zero-tolerance policy regarding underage sexual activity. Under California Penal Code §261.5 (PC 261.5), any form of sexual intercourse with a person under the age of 18 is deemed as statutory rape, irrespective of whether the relationship is consensual or the parties are close in age.

Key Facts:

• Age of consent in California: 18 years old.
• Even if both individuals are minors, such as a 17-year-old and a 16-year-old, the act may be considered illegal.
• If one partner is 18 and the other is 17, it is still technically statutory rape.
• The only legal exception is if the individuals are legally married—a rare occurrence since minors require a court order and parental consent to marry in California.

Why No Exemption?
California lawmakers have taken a firm stance on statutory rape to combat teen pregnancy, protect minors from exploitation, and discourage early sexual activity. The state's decision to avoid Romeo and Juliet exemptions means that any sexual contact involving someone under 18 can carry serious legal consequences—even if both parties are willing participants.

Penalties for Statutory Rape in California

Statutory rape in California can be charged as a misdemeanor or a felony, depending on the age difference between the individuals involved.

Age Difference of Three Years or Less

• Misdemeanor
• Punishment: Up to 6 months in jail and/or a fine of $1,000

Minor Is More Than Three Years Younger

Wobbler offense (can be charged as either a misdemeanor or a felony)

• Misdemeanor: Up to 1 year in county jail
• Felony: 16 months, 2 years, or 3 years in state prison

Defendant is 21 or Older and Minor is Under 16
Wobbler

• Felony: Up to 2, 3, or 4 years in prison
• Potential for sex offender registration

In addition to jail time, California imposes civil penalties:

• Minor is <2 years younger: Up to $2,000
• Minor is ≥2 years younger: Up to $5,000
• Minor is ≥3 years younger: Up to $10,000
• If defendant is 21+ and minor is under 16: Up to $25,000

These fines are intended to offset the societal costs associated with teenage pregnancy and youth sexual activity.

Are Minors Prosecuted Too?

Yes, although rare, minors can be charged with statutory rape in California. For example, a 16-year-old engaging in intercourse with a 15-year-old could be prosecuted, even though both are under the age of consent. In such cases, charges are typically handled through juvenile court for juvenile justice in California, but the consequences can still be significant.

Common Defenses Against Statutory Rape Charges

Being charged with statutory rape under PC 261.5 can be terrifying, especially for young adults who did not realize their relationship crossed legal boundaries. Fortunately, several legal defenses may be available:

Mistake of Age
While “consent” is not a valid defense to statutory rape in California, a reasonable mistake about the minor's age might be.
To use this defense, the accused must demonstrate:

• The minor claimed to be 18 or older
• The minor had a realistic-looking fake ID
• The minor was in a location restricted to adults (such as a bar or club)

If a reasonable person would have believed the minor was of legal age, this defense may succeed.

No Sexual Intercourse
California law defines statutory rape as intercourse involving penetration, no matter how slight. If there was no penetration, then the act may not qualify as unlawful sexual intercourse under PC 261.5.

False Allegations
In some cases, minors may falsely accuse someone of statutory rape due to pressure from parents, fear of punishment, or relationship drama. Attorneys often rely on social media messages, texts, alibis, and witness testimony to challenge the validity of the accusation.

Understanding the High Stakes

Because statutory rape is a wobbler offense, the consequences can drastically alter someone's life depending on how the charge is pursued. A conviction may result in:

• Jail or prison time
• Sex offender registration (in some cases)
• Employment and housing issues
• Loss of scholarships or college admissions
• Damage to reputation

Even if criminal prosecution does not occur, individuals can still face civil lawsuits and monetary penalties.

Why Some States Choose a Different Path

States that have enacted Romeo and Juliet laws understand the emotional, developmental, and social realities of teenage relationships. They argue that criminalizing consensual sex between close-in-age minors:

• Disproportionately penalizes youth
• Clogs up the court system
• Fails to recognize intent or context
• Can have lifelong consequences for what is often a non-predatory act

States like Texas and Michigan offer narrow exemptions that preserve protections against abuse while recognizing the difference between exploitation and teenage intimacy. California's lack of such exemptions places it in a minority of states with zero tolerance policies.

Romeo and Juliet criminal lawyer

If you or someone you know is facing a statutory rape charge, it's critical to seek legal counsel immediately. These cases are not only emotionally and socially complex, but they also carry serious legal consequences. Navigating them alone can be risky.
At Bulldog Law, a trusted criminal defense law firm in California, experienced attorneys are ready to help you realize your rights, assess your legal options, and build a strong defense. Whether you're a teenager caught in a difficult situation or a young adult who didn't realize the legal boundaries, our team is committed to protecting your future and defending your freedom with compassion and tenacity.