If you have been arrested for the crime of Statutory Rape, contact experienced criminal defense lawyer Max Gorby at (323) 477-2819.

• California Penal Code 261.5 — Statutory Rape

California Penal Code 261.5 — Unlawful sexual intercourse with person under 18; age of perpetrator; civil penalties. (“(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.”

CALJIC 16.164 – Unlawful Sexual Intercourse [California statutory rape], defined. (“In order to prove this crime, each of the following elements must be proved: [1] A male and female engaged in an act of sexual intercourse; [2] The persons were not married to each other at the time of the act of sexual intercourse; [and] [3] The alleged victim was under 18 years of age at the time of the act of sexual intercourse [.]”

Unlawful Sexual Intercourse [California statutory rape], defined. (“The alleged victim was under 18 years of age, and more than three years younger than the perpetrator at the time of the act of sexual intercourse.”

California Penal Code 261.5 — Statutory rape. (“(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.”

California Penal Code 261.5 — Statutory rape. (“(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.”

California Penal Code 261.5 — Statutory rape. (“(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.”

CALJIC 17.20.1 Infliction of Great Bodily Injury — Sex Crimes. (“It is alleged [in Count[s] ] that in the commission or attempted commission of __________ the defendant[s] , inflicted great bodily injury on [the alleged victim] [__________]. If you find a defendant guilty of , it then will be your duty to determine whether that defendant personally inflicted great bodily injury on [the alleged victim] [__________] in the [attempted] commission of __________. “Great bodily injury” means a significant or substantial physical injury. The commission of the crime of __________ does not by itself constitute great bodily injury. Minor, trivial or moderate injuries, inherent in the crime of __________, do not constitute great bodily injury. However, if the amount of force used in the commission of [the] __________ resulted in a significant or substantial injury to any part or portion of the body, that injury constitutes great bodily injury. See also California Penal Code 12022.7 — Terms of imprisonment for persons inflicting great bodily injury while committing or attempting felony. (“(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature, shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. (c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years…(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700. (f) As used in this section, “great bodily injury” means a significant or substantial physical injury.”) These sections apply to all California felonies, including a felony charge for California Penal Code 261.5 statutory rape.

California Penal Code 261.5 — Statutory rape. (“(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).”

CALJIC 10.67 — Belief as to Age — Unlawful Sexual Intercourse…(“In the crime of unlawful sexual intercourse [otherwise known as California statutory rape], general criminal intent must exist at the time of the commission of the act of [sexual intercourse]. There is no general criminal intent if the defendant had a reasonable and good faith belief that the other person was 18 years of age or older at the time that person engaged in the act of [sexual intercourse]. Therefore, a reasonable and good faith belief of such age is a defense to unlawful [sexual intercourse]. If after consideration of all of the evidence, you have a reasonable doubt that the defendant had general criminal intent at the time of the act of [sexual intercourse], you must find [him] [her] not guilty of the crime.”

California Penal Code 288 — Lewd or lascivious acts; penalties; psychological harm to victim. (“(a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (b)(1) Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (2) Any person who is a caretaker and commits an act described in subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (c)(1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.”

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section  261.5 Statutory Rape.