Dozens of states have Romeo and Juliet Laws that offer statutory guidelines for legally navigating underage sexual relationships. What do these laws say about underage sex, and does California have Romeo and Juliet Laws?

What are Romeo and Juliet Laws?

These laws are sometimes called close-in-age exemptions, and they essentially decriminalize sexual relationships between teenagers and young adults who are close in age. Romeo and Juliet Laws acknowledge that minors and adults may enter consensual relationships that are not harmful and recognize that slight differences in age do not necessarily mean the older party should be penalized. States with these laws have recognized that it’s important to differentiate relationships between teens and adults with small age gaps and those with larger age gaps to avoid the unfair criminalization of young adults.

The application of Romeo and Juliet Laws depends on the age and maturity of both people in the relationship, and the specific guidelines vary from state to state. For example, Michigan has decriminalized sexual contact between minors 13 and older if the age gap is under five years. Texas law allows minors between 14 and 17 years old to consent to a sexual relationship with someone no more than three years older than them.

California Romeo and Juliet Law

California does not have a Romeo and Juliet Law. Sexual relationships in which one party is under 18 years old are considered statutory rape. This is true even when both parties are minors, and there are no age-gap exceptions. Minors in California can have sex legally only if they are married, which also requires a court order.

The age of consent is 18 years old in California, so no one under 18 can legally consent to sexual intercourse. This means that it is illegal for someone who is 18 years old to have sex with a 17-year-old. It is also illegal for two minors to have sex.

Statutory Rape in California

While it is technically illegal for two minors to engage in sexual intercourse, the majority of statutory rape cases involve an adult who had sex with a minor. California does not have Romeo and Juliet Laws, but age gaps do change the severity of a statutory rape charge.

If the age difference is three years or less, the charge is a misdemeanor with penalties of up to six months in jail and a $1,000 fine. In every other situation, statutory rape is a wobbler offense. Wobblers can be either misdemeanor or felony charges, depending on the circumstances of the offense.

When the age difference between the minor and the adult is greater than three years, the penalties are as follows:

  • For a misdemeanor, up to one year of jail time

  • For a felony, up to three years in jail

If the adult is 21 years old or older and the minor is under 16 years old, the penalties for statutory rape are:

  • For a misdemeanor, up to one year in jail

  • For a felony, up to four years in jail

Monetary civil penalties may also be imposed, and the amount varies based on the age difference:

  • Less than a two-year gap = $2,000

  • At least a two-year gap = $5,000

  • At least a three-year gap = $10,000

  • The adult is 21 or older, and the minor is under 16 years old = $25,000

Defending Against Statutory Rape Charges

There are numerous strategies that your criminal defense attorney can use to fight a statutory rape charge against you. Consent is not a valid defense in California because there are no Romeo and Juliet Laws, and the age of consent is 18. However, the following approaches may apply to your case:

  • You mistakenly believed the minor was an adult

  • No sexual intercourse occurred

  • Police officers coerced a confession or committed other misconduct

Mistake of Age

If you reasonably believed that the minor you had sexual intercourse with was 18 years old or older, this can be a valuable defensive strategy. It does not apply in every case, but if the minor claimed to be an adult and appeared to be their stated age, you may be able to use the mistake of age defense. This strategy can also be used if the minor had a fake ID or if they were somewhere that only adults are allowed to enter. Essentially, if any reasonable person would have come to the conclusion that the minor was an adult, the mistake of age defense should be effective.

Evidence in a Sex Crimes Defense

Valuable evidence in your case will depend on what defense your attorney is trying to build. However, there are some common pieces of evidence that are often helpful, including:

  • Witness testimony

  • Forensic analysis

  • Text or voicemail messages

  • Security or surveillance footage

  • Alibis

Criminal Defense for Statutory Rape Charges

If you have questions about Romeo and Juliet Laws in Los Angeles or Santa Ana, or if you have been charged with statutory rape in California, contact the Law Office of Sheny Gutierrez. Our criminal defense attorney has over 15 years of experience fighting to protect the rights of our clients. Schedule your free consultation today.