What are the factors or elements for 261.5 PC Statutory Rape? 

In California, statutory rape is often called “unlawful sex with a minor”.  Under the California Penal Code, statutory rape is defined as a when any person engages in sexual intercourse with a person under the age of 18.

For sentencing purposes the most determinative factor in a statutory rape charge is the difference in age of the victim and defendant.  In California, the crime of statutory rape is referred to as a “wobbler” meaning it may be charged as a felony or a misdemeanor depending on the circumstances in the case 

Legal Consequences:

Statutory rape is a wobbler, which means that, depending on the circumstances, it may be charged as either a misdemeanor or a felony.

The age difference between the defendant and the minor is one of the main factors used in determining how the crime is charged. If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe, and can include up to four (4) years in California state prison! 

How can we defend you against charges of California Penal Code 261.5 PC Statutory Rape?

Two of the most common effective legal defenses are:

  • No sexual intercourse occurred, and
  • You honestly and reasonably believed that the minor was over the age of 18. 

Contact us:

We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.

The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!

Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.

Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!