California Penal Code Section 261.5
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Definition
Statutory Rape under California Penal Code Section 261.5, is a criminal offense and it is normally filed as either a misdemeanor or felony. Statutory Rape is when someone has sex with a minor.
Definition of a Minor:
Someone is younger than eighteen years old
Elements of the Crime
In order to take a Statutory Rape CPC 261.5 case to trial, certain elements of the crime will have to be proven. This includes:
- The defendant had sexual intercourse with a minor
Punishments for CPC 261.5
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the individual’s criminal history, and age difference between the defendant and the child.
When found guilty of Statutory Rape, it is usually filed as either a misdemeanor or felony, which includes:
As a misdemeanor, charges include up to one year in jail, up to one thousand dollars in fines, registration as a sex offender and an informal probation,
As a felony, charges include between sixteen months to four years in prison, up to ten thousand dollars in fines, registration as a sex offender and a formal probation.
How Charges are Determined by Age Difference?
- When the sex offender’s age gap is not more than three years older than his or her victim, statutory rape is categorized as a misdemeanor offense
- When the sex offender’s age gap is more than three years older than his or her victim, statutory rape is categorized as either a misdemeanor or felony offense
- When the sex offender’s age is not more than twenty one years old, and his or her victim is younger than sixteen years old, statutory rape is categorized either a misdemeanor or felony offense
Legal Defenses for California Penal Code 261.5
A good lawyer can present many legal and valid defenses for Statutory Rape charges under California Penal Code 261.5 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended those who were falsely accused of Statutory Rape. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Statutory Rape.
Learn more about other California Section Penal Codes here