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Below is information about this particular law, and other laws regarding sex along with specific penalties imposed on those found guilty of committing a particular "sex crime". It is important to note that those who are convicted of one of these crimes, for example, having sex with a boyfriend or girlfriend who is a minor, are considered "sex offenders". These individuals are required by law to register their names with the local police or sheriffs' departments in every community in which they live for the rest of their lives. A list of registered "sex offenders" is readily available for anyone to see, because such information is referred to as public information. As one might imagine, being known as a "sex offender" could cause a great deal of humiliation and embarrassment not only for the individuals convicted of the crime, but also for their families and friends. Therefore, every teen who is even considering having sex with someone who is a minor should seriously think about the long-term consequences he or she might experience if he or she chooses to engage in any kind of sexual relationship.
Most teens are aware of some of the most significant physical consequences of teenage sex such as unplanned pregnancies and getting infected with a sexually transmitted disease (STD) or the AIDS virus (HIV). But many of them are totally unaware of the fact that in the State of California and most other states, it is against the law for someone to have any kind of sexual relationship with a "minor" (someone under the age of 18) unless they are married to one another. This law is often referred to as statutory rape or unlawful sexual intercourse.
While the laws described below are actually California laws, nearly every state has similar laws and penalties. Not everyone who commits one of these crimes is found guilty, but once again, if someone is convicted of one of the following sex crimes, the physical, mental, social, moral, financial, and emotional consequences can be very serious and may even last a lifetime.
UNLAWFUL SEXUAL INTERCOURSE (STATUTORY RAPE) (Penal Code 261.5)
"...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."
- Minor is not more than 3 years younger: misdemeanor
- Minor is more than 3 years younger: could be felony; 1 year
- Minor is under 16, perpetrator is over 21: could be felony; up to 4 years; $25,000
RAPE (Penal Code 261)
"Rape is an act of sexual intercourse accomplished with a person not the spouse (husband or wife) of the perpetrator under any of the following circumstances:
- Victim was incapable of giving legal consent due to mental disorder or physical disability
- Perpetrator used force, violence, duress, menace, or fear of bodily injury
- Victim is prevented from resisting due to any intoxicating or anesthetic substance or any controlled substance
- Victim is unconscious of the nature of the act and this is known to the accused
- Victim submits under the belief that the perpetrator is the victim's spouse...
ORAL COPULATION (Penal Code 288a)
"Oral copulation (oral sex) is the act of copulating the mouth of one person with the sexual organ or anus of another person."
- Minor: not more than 1 year
- Minor under 16, perpetrator is over 21: felony
- Minor under 14, perpetrator more than 10 year older: up to 8 years
SODOMY (Penal Code 286)
"Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person (anal sex). Any sexual penetration, however slight, is sufficient to complete the crime of sodomy."
- Minor: 1 year
- Minor under 16, perpetrator over 21: felony
- Minor under 14, perpetrator more than 10 year older: up to 8 years
LEWD AND LASCIVIOUS ACTS (Penal Code 288)
"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, 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."
- Minor 14 or 15, perpetrator more than 10 year older: up to 3 years
- Minor under 14: felony; up to 8 years
- Any age, perpetrator uses force, violence or threats: felony; up to 8 years
SEXUAL OFFENSES BY AN HIV-INFECTED PERSON (Penal Code 12022.85)
"Any person who violates one or more of the offenses listed in subdivision (b) [the sex laws listed above] with knowledge that he or she has acquired immune deficiency syndrome (AIDS) or with the knowledge that he or she carries antibodies of the human immunodeficiency virus [HIV] at the time of the commission of those offenses, shall receive a three-year enhancement for each such violation in addition to the sentence provided under those sections."
Any age, perpetrator knows he or she is HIV-infected or has AIDS: add 3 years to punishment warranted by the sexual crime itself, e.g., rape, unlawful sexual intercourse, sodomy or oral copulation.
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