William Shakespeare’s Romeo and Juliet tells the story of two young lovers caught in a tragic romance — a theme that inspired the term “Romeo and Juliet laws.” Across the United States, these laws offer legal protections for teens involved in consensual relationships with peers close in age. However, if you live in California, the legal landscape is very different. California does not have Romeo and Juliet laws, which can make seemingly innocent relationships result in serious criminal charges.
At KN Law Firm, we believe in providing clear legal guidance and strong criminal defense. Based in Glendale, we serve Los Angeles and all surrounding Southern California cities, offering free consultations to those facing statutory rape allegations.
Understanding Statutory Rape in California
Under California Penal Code 261.5, statutory rape — or “unlawful sexual intercourse” — occurs when an individual engages in sexual intercourse with someone under the age of 18 who is not their spouse. This law applies regardless of consent and even if both parties are minors.
Key Points of California’s Statutory Rape Law:
- Anyone under 18 cannot legally consent to sexual activity unless married.
- Even a 17-year-old and a 16-year-old in a consensual relationship could face charges.
- Both minors can be charged, even if they’re close in age.
- If the defendant is more than three years older, or 21+ with a partner under 16, the consequences become more severe.
California treats statutory rape as a wobbler offense, meaning it may be prosecuted as either a misdemeanor or felony depending on the details of the case.
Possible Penalties:
- Misdemeanor: Up to 364 days in jail and a fine up to $1,000.
- Felony: Up to 3 years in state prison and mandatory sex offender registration.
Why Doesn’t California Have Romeo and Juliet Laws?
Unlike 30 other states, California has no exceptions for close-in-age relationships. States like Texas and Michigan have codified Romeo and Juliet laws to protect teens engaged in consensual relationships from harsh criminal penalties. These laws create age gap allowances, such as:
- In Texas: A 17-year-old can legally have sexual relations with someone as young as 14.
- In Michigan: A 15-year-old may be protected if their partner is less than 4 years older.
In California, no such exceptions exist. That means:
- A consensual relationship between a 15-year-old and an 18-year-old is illegal.
- Even two 17-year-olds may face charges if sexual intercourse occurs.
- The only legal exception is if the individuals are married — and marriage requires parental and court approval for minors.
The Risks of “Dating” Under California Law
Many parents and teens assume that dating, in the non-sexual sense, is harmless — and it usually is. Holding hands, going to the movies, or messaging one another online isn’t a crime. But if sexual contact happens, even with mutual agreement, the legal consequences can be life-changing.
False accusations or misunderstandings can also lead to arrests and charges. For example, an angry parent, school administrator, or social worker could report suspected activity, triggering a law enforcement investigation.
What Happens If You’re Charged?
If you or your child are facing statutory rape charges, you need an attorney who understands the law and can build a strong, strategic defense. A conviction can lead to:
- Jail or prison time
- Lifetime registration as a sex offender
- Loss of educational and career opportunities
- Immigration consequences for non-citizens
KN Law Firm in Glendale provides trusted defense across Los Angeles and Southern California. Our legal team is experienced in protecting clients’ rights in statutory rape and other sensitive cases.
Possible Legal Defenses
Although California doesn’t offer a Romeo and Juliet defense, our attorneys may pursue strategies like:
- Lack of evidence — The burden is on the prosecution to prove every element of the case.
- Mistake of age — In very rare cases, if the alleged victim misrepresented their age.
- No sexual intercourse occurred — If there was no penetration, the law may not apply.
- Violation of rights — If law enforcement acted improperly, evidence may be excluded.
Each case is different, and your defense strategy should reflect the facts and available evidence.
FAQ: Romeo and Juliet Laws & Statutory Rape in California
Q: What are Romeo and Juliet laws?
These are legal exceptions in some states that protect teens from statutory rape charges if both partners are close in age and the relationship is consensual. California does not have such laws.
Q: What is the age of consent in California?
The age of consent is 18. Anyone under that age cannot legally agree to sexual activity, even if they say “yes.”
Q: Is it illegal for a 15-year-old and an 18-year-old to date?
Dating (non-sexual behavior) is not illegal. But if the relationship involves any sexual contact, it is considered statutory rape in California.
Q: Is statutory rape always a felony in California?
No. It’s a wobbler, meaning it can be a misdemeanor or felony. If the age gap is large or the victim is especially young, the charge is more likely to be a felony.
Q: Can two 17-year-olds be charged with statutory rape?
Yes. California law applies even to minors if there is evidence of sexual intercourse and the parties are not married.
Consult KN Law Firm in Glendale Today
Statutory rape charges can derail a young person’s future — and navigating California’s strict laws requires skilled legal guidance. If you or a loved one is facing accusations, don’t wait. Call KN Law Firm for a confidential consultation.
We serve clients throughout Glendale, Los Angeles, Burbank, Pasadena, and surrounding Southern California cities.
📍 500 N. Central Ave. Suite 650, Glendale, CA 91203
📞 (888) 950-0011