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!