In California, the age of consent is 18. Therefore, sexual intercourse with anyone under the age of 18 is illegal. But navigating criminal sex charges is complex, and defendants can face severe consequences. To prevent ruining your future, partner with an unlawful sexual activity with a minor defense attorney in Los Angeles.
The experienced sex crimes lawyers at Simmrin Law Group will defend you if you were charged with unlawful sexual activity with a minor. We understand the complicated laws surrounding these cases and the defenses that can win them. Let us provide a free consultation to review your claim now.
What Constitutes Unlawful Sexual Activity With a Minor in L.A.?
Under California Penal Code 261.5, it is a crime to engage in sexual intercourse with any person who is a minor (under 18 years of age). The only exception to this law is if the minor is the person’s lawful spouse.
Therefore, under PC 261.5, you may be guilty of unlawful sexual activity with a minor even if:
- The minor consented
- The minor was the one who initiated the sexual contact
- You are in a loving, committed relationship with the minor
The bottom line: If authorities find out that you had sex with someone under the age of 18 in Los Angeles, you can face criminal sex crime charges.
For a free legal consultation, call (310) 896-2723
Statutory Rape Charges in Los Angeles
If you have sex with a minor in Los Angeles, you can face statutory rape charges. State laws dictate that minors cannot provide informed consent, therefore making any sexual intercourse with a person under 18 illegal.
If you are facing statutory rape charges, you need to partner with a knowledgeable criminal defense attorney. The Simmrin Law Group are experts in California sex crime laws. We will evaluate your claim, defend your rights, and protect you from charges that can severely affect your future.
Other Types of Unlawful Sexual Activity With a Minor
California’s definition of statutory rape is specific to vaginal or genital penetration by the penis. It does not matter how slight the penetration is or if ejaculation occurred. However, this definition excludes many other forms of sex, including sexual relations between two women.
Therefore, other forms of sexual activity do not violate PC 261.5. However, you may face additional charges if you engaged in these acts with someone under 18. Examples of these types of unlawful behaviors include:
- Oral copulation with a minor: If you have oral sex with someone under 18, you violate California Penal Code 287.
- Solicitation of a minor: If you lure a person under the age of 14 or transmit harmful sexual material to sexually arouse the minor, you may be charged under California Penal Codes 272 and 288.2.
Los Angeles Unlawful Sexual Activity With a Minor Defense Lawyer Near Me (310) 896-2723
Does the Age of the Minor Affect My Sex Crime Charges?
In most cases, unlawful sexual activity with a minor only pertains to circumstances where the minor is older than a teenager. In most cases, the cutoff age between child and minor is 14. Therefore, engaging in sexual actions with anyone between 14 and 17 is unlawful sexual activity.
Sexual contact with anyone under the age of 14 constitutes child sex crimes. Child sex crimes are severe charges that include mandatory sex offender registration.
Am I Guilty of Unlawful Sex With a Minor if I Am Under 18?
In California, it does not matter if both parties were under 18 because all sexual intercourse with a minor is illegal. That means if two 16-year olds engage in a sexual relationship, they are both guilty of statutory rape.
However, in this type of scenario, only one of the two minors usually faces prosecution. And since both parties are minors, California’s juvenile courts will handle the case. Therefore, the penalties will focus on rehabilitation rather than punishments.
Regardless, a proficient unlawful sexual activity with a minor defense lawyer in Los Angeles can get the case dismissed and the charges dropped. So, if you are facing any sexual misconduct charges involving a minor, let our criminal defense team take on your claim.
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Will I Have to Register as a Sex Offender for Sexual Activity With a Minor?
California laws do not require those convicted of statutory rape to register as sex offenders. However, you will be required to disclose your conviction when completing college admissions, job applications, and other types of legal forms.
With that in mind, it’s best for your future to get the charges completely dropped. Our sex crime defenders will help you do this by building a solid case that proves your innocence. We are committed to our clients, and we protect their futures by winning criminal sexual activity cases.
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Penalties You Face for Unlawful Sex With a Minor in Los Angeles
Unlawful sexual activity can lead to misdemeanor or felony charges. The determining factor revolves around the ages of the involved parties. If you are:
- Less than three years older than the minor: The charge is a misdemeanor.
- Over three years older than the minor: The charge can be a misdemeanor or felony.
- Three years older and the minor is under 16: The charge can be a misdemeanor or felony charge, but the felony penalties are much higher.
In Los Angeles, a misdemeanor for unlawful sexual activity with a minor can lead to one year in jail and $1,000 in fines. Felony charges can include:
- One year in county jail
- Up to three years in state prison
- Up to four years in state prison (if the victim was under 16 and you are over 21)
- Up to $10,000 in fines
Depending on the details of your case, you may also be responsible for paying restitution. Restitution is compensation paid to the victim or their family members. For unlawful sexual activity with a minor, restitution fees can total $25,000. A Los Angeles sex crimes lawyer can help you beat the charges against you and avoid the associated penalties.
How We Defend Unlawful Sex with a Minor Charges
California does not abide by the Romeo and Juliet Law, which allows minors to engage in specific types of sexual activity. Instead, our criminal defense attorneys rely on other defense strategies to dismiss charges for sexual activity with a minor.
One of the most valid defenses against statutory rape charges is proving that you honestly and reasonably believed the minor was over the age of 18. Our defense lawyers will use gather evidence to demonstrate your belief, which can include:
- Text messages or dating profiles with the minor’s fake age
- Proof of the minor at an 18+ venue (such as a fake ID or video surveillance footage)
- Photos showing the minor dressed up or looking older than their actual age
At our law firm, we believe innocent until proven guilty. So, when you partner with our Los Angeles unlawful sexual activity with a minor defense attorneys, you can feel confident that we will go above and beyond to secure justice and reduce statutory rape charges.
Let Our Sexual Crimes Defense Lawyer Represent Your Case
Don’t allow an incident with a minor to ruin your future. The criminal defense lawyers at Simmrin Law Group have the experience, knowledge, and record of success to protect you. We will take your side, fight for you, and strive to achieve the best possible result.
Get started by contacting our unlawful sexual activity with a minor defense attorneys in L.A. We will set up a free consultation to review your claim and determine what legal action to take next.
Call or text (310) 896-2723 or complete a Free Case Evaluation form