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What is the max for having sex with a minor

Truckee, CA |

how much time do they give you for having sex with a minor if your over 18

Attorney Answers 2


  1. Penal code 261.5 is the law for unlawful sexual intercourse with a minor in California. You definitely need a lawyer to make sure your case is handled properly.

    (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 the age of 18 years and an
    "adult" is a person who is at least 18 years of age.

    (b) Any 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) Any 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 in the state prison.

    (d) Any person 21 years of age or older who engages in an act of
    unlawful sexual intercourse with a minor who is under 16 years of age
    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 in the state prison for two, three, or four years.

    (e) (1) Notwithstanding any other provision of this section, an
    adult who engages in an act of sexual intercourse with a minor in
    violation of this section may be liable for civil penalties in the
    following amounts:

    (A) An adult who engages in an act of unlawful sexual intercourse
    with a minor less than two years younger than the adult is liable for
    a civil penalty not to exceed two thousand dollars ($2,000).

    (B) An adult who engages in an act of unlawful sexual intercourse
    with a minor at least two years younger than the adult is liable for
    a civil penalty not to exceed five thousand dollars ($5,000).

    (C) An adult who engages in an act of unlawful sexual intercourse
    with a minor at least three years younger than the adult is liable
    for a civil penalty not to exceed ten thousand dollars ($10,000).

    (D) An adult over the age of 21 years who engages in an act of
    unlawful sexual intercourse with a minor under 16 years of age is
    liable for a civil penalty not to exceed twenty-five thousand dollars
    ($25,000).

    (2) The district attorney may bring actions to recover civil
    penalties pursuant to this subdivision. From the amounts collected
    for each case, an amount equal to the costs of pursuing the action
    shall be deposited with the treasurer of the county in which the
    judgment was entered, and the remainder shall be deposited in the
    Underage Pregnancy Prevention Fund, which is hereby created in the
    State Treasury. Amounts deposited in the Underage Pregnancy
    Prevention Fund may be used only for the purpose of preventing
    underage pregnancy upon appropriation by the Legislature.

    (3) In addition to any punishment imposed under this section, the
    judge may assess a fine not to exceed seventy dollars ($70) against
    any person who violates this section with the proceeds of this fine
    to be used in accordance with Section 1463.23. The court shall,
    however, take into consideration the defendant's ability to pay, and
    no defendant shall be denied probation because of his or her
    inability to pay the fine permitted under this subdivision.


  2. The "max" and "how much time they give you" are different.

    Unlawful sexual intercourse can be a misdemeanor if the age difference is less than three years, a "wobbler" (can be charged as a felony or misdemeanor) if the age difference is over 3 years and if you're over 21 and the minor is under 16, it's also a "wobbler," but the maximum punishment is longer.

    How much a person gets depends on several factors: The facts of the case, what exactly you're charged with, what you're convicted of, the judge, the DA, your attorney and your record.