Unlawful oral copulation includes oral sex between a minor who is 17 or younger and a defendant of any age.

Sexual penetration includes sexual intercourse or penetration (however slight) between a minor who is 14 or 15 and a defendant who is at least ten years older than the minor.

Lewd and lascivious acts upon a child includes sexual contact between a minor who is 13 or younger and a defendant of any age.

Statutory rape is prosecuted under California’s rape and sexual assault laws.

Penalties depend on the ages of the defendant and victim, as described below.

Unlawful sexual intercourse includes sexual intercourse or penetration (however slight) between a minor who is 17 or younger and a defendant of any age.

The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.

Though statutory rape does not require that the prosecutor prove an assault, it is still rape.

Of course, rape that does involve force or an assault is illegal in California and prosecuted as forcible rape (see California Sexual Battery Laws).

Assaults of a sexual nature may also be charged under the state’s assault and battery laws (to learn more, see Aggravated Assault Laws in California) and child enticement and abuse laws.

In California, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual.

Those who break the law have committed statutory rape.