Less Than Three Years Apart

• If the defendant engages in sexual intercourse with a minor less than three years younger, he can face misdemeanor charges. A charge of this nature can result in up to one year in a county jail and up to $1,000 in fines.
  
  

More Than Three Years Apart

• If a person has sexual intercourse with a person more than three years younger, he can face either misdemeanor or felony charges. The district attorney hearing the the case will determine the charge based on various factors including specifics of the case and a prior criminal history, among other things. A misdemeanor charge will carry the same penalties listed above, while a felony charge can result in up to one year in state prison and a fine up to $10,000.
  
  

Offender Over 21 and Victim Under 16

• If the offender is at least 21 and the minor is under 16, the offender can face either misdemeanor or felony charges. In this instance, a felony conviction can carry a sentence of up to four years in state prison and a fine up to $10,000.
  
  

Civil Penalties

• In addition to incarceration and fines resulting from criminal penalties, the court can also levy civil penalties in the form of fines. Defendants who have sex with a minor less than two years younger can face a fine up to $2,000, and a fine up to $5,000 if the person was two years younger but less than three. Fines for sexual intercourse with a minor at least three years younger can go up to $10,000, and up to $25,000 if the person was over 21 and the minor was younger than 16.
  
  

Sex Offender Registration

• A statutory rape conviction does not require the defendant to register as a sex offender under California law.