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California Age of Consent Laws: Statutes, Penalties and Reporting

Independently fact-checkedBy Recording Law Editorial Team12 min read

Independently fact-checked against primary sources (last audited September 29, 2026). · 17 primary sources cited on this page. How we verify our legal content

California Age of Consent Laws: Statutes, Penalties and Reporting

California's general age-based criminal protection for minors runs to age 18 under Cal. Penal Code § 261.5 (unlawful sexual intercourse), and the structure is tiered by the age difference and by separate offenses for children under 16. A separate offense in Cal. Penal Code § 288 covers lewd or lascivious acts with a child under 14 and, with a 10-year age difference, a child of 14 or 15.

To report a concern: if a child is in immediate danger, call 911. For California, the Department of Social Services page says: "If you suspect that a child has been, or is in danger of, abuse or neglect, contact the county Children's Protective Services 24-hour emergency response phone." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-28. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers California's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. Each cite links to the official California Legislative Information site.

This page describes the main age-based sexual offense statutes. Other California statutes, such as those on human trafficking (§ 236.1) and incest (§ 285), also protect minors, and one of them can apply even where none of the offenses described here does.

How California law protects minors by age

Under Cal. Penal Code § 261.5(a), unlawful sexual intercourse is intercourse with a person "if the person is a minor," and a "minor" is a person under 18. The statute applies to every minor. The age difference between the two persons affects how the offense is graded, not whether it is an offense.

Under 14

Cal. Penal Code § 288(a) makes it a felony to willfully and lewdly commit "any lewd or lascivious act" upon or with the body of a child under 14 with the intent of arousing or gratifying the sexual desires of either person. The statute has no actor-age or age-difference condition for this tier.

Ages 14 and 15

Cal. Penal Code § 288(c)(1) covers the same conduct when the victim is 14 or 15 and the person is at least 10 years older than the child. The statute says the difference in age is measured "from the birth date of the person to the birth date of the child."

Under 16 and under 18: unlawful sexual intercourse

Section 261.5 grades unlawful sexual intercourse by age difference. A person 21 or older who engages in unlawful sexual intercourse with a minor under 16 is covered by subdivision (d). Subdivision (c) covers a minor more than three years younger than the perpetrator, and subdivision (b) covers a minor not more than three years older or younger than the perpetrator.

Other sexual acts with a person under 18

Section 261.5 covers sexual intercourse only. Separate sections cover sodomy (Cal. Penal Code § 286), oral copulation (Cal. Penal Code § 287) and sexual penetration as defined in Cal. Penal Code § 289, and they are not graded by the three-year difference in section 261.5. A person who participates in one of these acts with a person under 18 faces imprisonment in the state prison or in a county jail for not more than one year (§ 286(b)(1), § 287(b)(1), § 289(h)). A person over 21 who participates in one of these acts with a person under 16 is guilty of a felony (§ 286(b)(2), § 287(b)(2), § 289(i)). Where the other person is under 14 and more than 10 years younger, the term is three, six or eight years in state prison (§ 286(c)(1), § 287(c)(1), § 289(j)).

Annoying or molesting a child under 18

Under Cal. Penal Code § 647.6(a)(1), "every person who annoys or molests any child under 18 years of age" is punishable by a fine of up to $5,000, county jail of up to one year, or both. The section has no age-difference condition, and later subdivisions raise the penalty in listed circumstances, including a second or subsequent conviction.

Summary table

Minor's ageConditionGradeCite
Under 14Lewd or lascivious act with the required intentFelony§ 288(a)
14 or 15Lewd or lascivious act; person at least 10 years olderState prison or county jail§ 288(c)(1)
Under 16Person 21 or olderMisdemeanor or felony§ 261.5(d)
Under 18Minor more than 3 years younger than the perpetratorMisdemeanor or felony§ 261.5(c)
Under 18Minor within 3 years of the perpetrator's ageMisdemeanor§ 261.5(b)
Under 18Sodomy, oral copulation or sexual penetration; no age-difference conditionState prison or county jail up to one year§ 286(b)(1), § 287(b)(1), § 289(h)
Under 16Same acts; person over 21Felony§ 286(b)(2), § 287(b)(2), § 289(i)
Under 14Same acts; person more than 10 years olderState prison, 3, 6 or 8 years§ 286(c)(1), § 287(c)(1), § 289(j)
Under 18Annoys or molests the child; no age-difference conditionFine up to $5,000, county jail up to one year, or both§ 647.6(a)(1)
  • Sexual acts with a child 10 or younger (§ 288.7). A person 18 or older who engages in sexual intercourse or sodomy with a child 10 or younger faces 25 years to life; oral copulation or sexual penetration carries 15 years to life.
  • Continuous sexual abuse of a child (§ 288.5). A person who lives with a child under 14 or has recurring access to the child, and who commits three or more listed acts over at least three months, faces 6, 12 or 16 years.
  • Contacting a minor with intent to commit a sexual offense (§ 288.3). Contacting or communicating with a minor, with intent to commit a listed offense involving the minor, is punished by the term for an attempt to commit that offense.
  • Arranging a meeting with a minor (§ 288.4). Arranging a meeting with a minor, or a person believed to be a minor, for a listed sexual purpose, when motivated by an unnatural or abnormal sexual interest in children, is punishable by a fine of up to $5,000, up to one year in county jail, or both; going to the meeting carries two, three or four years in state prison.
  • Procuring a child under 16 (§ 266j). Providing or offering a child under 16 for a lewd or lascivious act, or persuading a child under 16 to engage in one with another person, carries three, six or eight years.
  • Prostitution with a minor (§ 647(b)(3)). Soliciting, agreeing to or engaging in an act of prostitution with a minor in exchange for compensation is an offense, with penalties set in § 647(l).
  • Material depicting a person under 18 (§ 311.11). Knowingly possessing or controlling matter whose production involved a person under 18, knowing it depicts that person engaging in or simulating sexual conduct, is a felony.

Black desk telephone beside a closed folder and a closed notebook on a wooden desk

Age-difference provisions

California's three-year provision in section 261.5 is a penalty-grading provision. It sets the grade of the offense (a misdemeanor where the minor is not more than three years older or younger than the perpetrator, a misdemeanor or felony where the minor is more than three years younger). It does not remove the conduct from the offense, and it is not written as a defense. The 10-year difference in section 288(c)(1) is an element of that offense.

Positions of trust and authority

California's minor-age offenses in sections 261.5, 286(b), 287(b) and 289(h) apply to any person under 18 without regard to the actor's role, so their age reach does not depend on a position of trust or authority.

Penalties

The offense sections state the following penalties. Where section 261.5 states none, the general misdemeanor penalty in Penal Code § 19 applies: county jail not exceeding six months, or a fine not exceeding $1,000, or both.

OffenseGradePenalty as stated
Lewd or lascivious act, child under 14 (§ 288(a))FelonyState prison for three, six or eight years; life with the possibility of parole if it is pled and proved that the defendant personally inflicted bodily harm (§ 288(i)); additional fine up to $10,000 (§ 288(e))
Same, with force, violence, duress, menace or fear (§ 288(b)(1))FelonyState prison for 5, 8 or 10 years
Lewd or lascivious act, child of 14 or 15, person at least 10 years older (§ 288(c)(1))Public offenseState prison for one, two or three years, or county jail not more than one year
Unlawful sexual intercourse, person 21 or older, minor under 16 (§ 261.5(d))Misdemeanor or felonyCounty jail not exceeding one year, or imprisonment under Penal Code § 1170(h) for two, three or four years
Unlawful sexual intercourse, minor more than 3 years younger (§ 261.5(c))Misdemeanor or felonyCounty jail not exceeding one year, or imprisonment under Penal Code § 1170(h)
Unlawful sexual intercourse, minor within 3 years (§ 261.5(b))MisdemeanorPenal Code § 19 penalty

Section 261.5(e) also makes an adult liable for civil penalties that scale with the age difference, up to $2,000 (minor less than two years younger), $5,000 (at least two years younger) or $10,000 (at least three years younger), and up to $25,000 for an adult over 21 with a minor under 16. Section 261.5(f) provides that a person convicted under subdivision (d) who is granted probation "shall not complete their community service at a school or location where children congregate."

Sex offender registration

Penal Code § 290 requires registration for violations of sections 286, 287, 288 and 289. For offenses on or after January 1, 2026, it also covers section 261.5(c) and (d) (SB 680, Stats. 2025, Chapter 780, effective January 1, 2026). A person convicted under section 261.5(c) or (d), section 286(b), section 287(b) or section 289(h) or (i) is not required to register if "at the time of the offense, the person is not more than 10 years older than the minor" and the conviction is the only one requiring registration, though a court may still require registration under section 290.006. Section 261.5(b) is not listed. This registration relief changes registration only and does not change whether the conduct is an offense. Section 290(d) sets registration periods of 10 years, 20 years or life, depending on the offense and the person's record.

Recent changes

AB 1371 (Stats. 2023, Chapter 838), effective January 1, 2024, added the probation community-service restriction in section 261.5(f) and left the age elements unchanged. SB 680 took effect January 1, 2026 as described above. Section 288 was last amended by Stats. 2018, Chapter 70, effective January 1, 2019. Bills chaptered in 2026 with a 2027 operative date were not systematically searched for this check.

Where to report

If a child is in immediate danger, call 911. California's Department of Social Services directs reporters to the county Children's Protective Services 24-hour emergency response phone. The page lists no statewide number. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.

Disclaimer

This page is general legal information about California criminal statutes as verified on 2026-09-28. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in California.

Frequently Asked Questions

What is the difference between section 261.5 and section 288?

Section 261.5 covers unlawful sexual intercourse with a minor under 18. Section 288 covers lewd or lascivious acts with a child under 14, and with a child of 14 or 15 when the person is at least 10 years older. They are separate offenses with separate elements and penalties.

How is the age difference measured under section 288(c)(1)?

The statute says the difference in age is measured from the birth date of the person to the birth date of the child.

Where can the statute text be read?

Each section cited on this page links to California Legislative Information, the state's official site. The statute text controls over any summary.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Cal. Penal Code § 261.5 (Unlawful sexual intercourse)(leginfo.legislature.ca.gov).gov
  2. Cal. Penal Code § 288 (Lewd or lascivious acts)(leginfo.legislature.ca.gov).gov
  3. Cal. Penal Code § 290 (Sex offender registration)(leginfo.legislature.ca.gov).gov
  4. Cal. Penal Code § 19 (Misdemeanor punishment)(leginfo.legislature.ca.gov).gov
  5. Cal. Penal Code § 1170 (Felony sentencing, subdivision (h))(leginfo.legislature.ca.gov).gov
  6. California Department of Social Services: Child Protective Services reporting(www.cdss.ca.gov).gov
  7. Cal. Penal Code § 286(leginfo.legislature.ca.gov).gov
  8. Cal. Penal Code § 287(leginfo.legislature.ca.gov).gov
  9. Cal. Penal Code § 289(leginfo.legislature.ca.gov).gov
  10. Cal. Penal Code § 647.6(leginfo.legislature.ca.gov).gov
  11. § 288.7(leginfo.legislature.ca.gov).gov
  12. § 288.5(leginfo.legislature.ca.gov).gov
  13. § 288.3(leginfo.legislature.ca.gov).gov
  14. § 288.4(leginfo.legislature.ca.gov).gov
  15. § 266j(leginfo.legislature.ca.gov).gov
  16. § 647(leginfo.legislature.ca.gov).gov
  17. § 311.11(leginfo.legislature.ca.gov).gov
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