The question we often hear—especially from parents or young adults—is, Does California have Romeo and Juliet laws? The short answer? No, California does not offer a Romeo and Juliet exception, which means that any consensual sexual encounter between an adult and a minor is legally classified as statutory rape, regardless of the age gap. This isn’t just a legal technicality—it can lead to serious consequences, from criminal charges to lifelong registration as a sex offender.
At Scott Henry: Criminal & DUI Defense, we represent individuals in Orange County facing charges like these, and we know just how stressful and overwhelming that process can be, especially when the law seems unforgiving.
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call us at 714-294-0599 Romeo And Juliet Law
Romeo and Juliet laws, named after Shakespeare’s tragic young couple, aim to reduce harsh legal consequences for teens in consensual relationships with peers close in age. These laws protect adolescents from statutory rape charges when the age difference is minimal, and the relationship isn’t exploitative.
They exist to draw a clear line between truly predatory behavior and mutual teenage relationships that happen naturally during adolescence. Many states recognize this distinction and have created “close-in-age” exemptions that decriminalize some consensual activity between minors and young adults.
Are There Romeo and Juliet Laws in California?
No, California does not have Romeo and Juliet laws—plain and simple. Without a close-in-age exception, California takes a black-and-white stance. The law doesn’t consider how close in age two people are or how consensual the relationship might be. If one party is under 18, it can be prosecuted as a crime, regardless of emotional maturity or how long the relationship has lasted.
Unlike some states, California has no close-in-age exemption — often called Romeo and Juliet laws. These exemptions are designed to prevent criminal charges in cases where both individuals are close in age, and the relationship is consensual, even if one or both are below the legal age of consent.
That means a 17-year-old dating a 20-year-old could face legal trouble—even if neither thought they were doing anything wrong. The law makes no room for gray areas here, even when both view their relationship as innocent or consensual.
Statutory Rape in California
Under California Penal Code § 261.5, unlawful sexual intercourse is defined as consensual sex between an adult (18 or older) and a minor (under 18) who is not married. The law breaks down penalties based on the age gap between the individuals involved:
- The adult is guilty of a misdemeanor if the age gap is 3 years or less.
- If the age gap is over 3 years, The adult may be charged with either a misdemeanor or a felony, depending on the case.
- If the adult is 21 or older and the minor is under 16, The offense can be charged as a felony, with more severe penalties.
Civil penalties can also apply, ranging from:
- Up to $2,000 if the minor is less than 2 years younger.
- Up to $5,000 if the age gap is at least 2 years.
- Up to $10,000 for a gap of 3 years or more.
- Up to $25,000 if the adult is over 21 and the minor is under 16.
These penalties are designed to discourage relationships with significant age differences involving minors and to reduce underage pregnancy rates. It’s one more reason why people ask whether California has Romeo and Juliet laws, hoping for an exception that isn’t there.
What are the Common Defenses?
When someone is charged with statutory rape, there are several legal defenses we may explore—depending on the details of the case:
- Mistake of Age: We may argue that the defendant believed the other person was 18. This defense only applies if that belief is reasonable. If the minor was near the age of consent and misrepresented their age—through a fake ID or by being in adult spaces—this could support the claim. But if the minor was underage, the defense likely won’t apply.
- No Sexual Intercourse: Statutory rape requires proof of intercourse, legally defined as any genital penetration, however slight. If no penetration occurred—even if other sexual activity did—then it may not meet the statutory rape definition.
- False Accusation: In some situations, allegations arise out of retaliation or to avoid consequences. We aim to find inconsistencies, digital records, or testimony that casts doubt on the claim.
Because every case is unique, we start by closely analyzing timelines, behavior patterns, and any supporting evidence. This shifts the narrative from assumption to context.
Age Of Consent In California
California’s age of consent is 18—no exceptions. That means anyone under 18 cannot legally agree to sexual activity, no matter the circumstances.
So even when both individuals feel they’re in a genuine relationship, the law still says it’s illegal. And because there’s no Romeo and Juliet clause here, prosecutors won’t be considering how close the ages are. It all comes down to numbers and statutes.
The ripple effects can be brutal. We’re talking jail time, probation, and even registration as a sex offender—all for a relationship that might seem harmless on the surface.
What If the Minors Are Married?
This question comes up more often than you’d think. While marriage may seem like it would override age-of-consent laws, that’s not always the case in California. State law requires parental consent and court approval for anyone under 18 to marry legally. Even then, being married doesn’t automatically shield someone from statutory rape laws if the marriage wasn’t legally sanctioned or if the sexual relationship began before the marriage was formalized.
The bottom line is that being married doesn’t provide a blanket legal defense in these cases. Each situation is fact-specific, and courts will examine the timeline and legality of the union closely.
Talk to an Attorney Today
Are you caught in a confusing legal situation involving close-in-age relationships? You’re not alone, and you’re not without options. At Scott Henry: Criminal & DUI Defense, we help people in Orange County navigate California’s hardline approach to statutory rape and related charges.
Our team offers legal insight and practical solutions based on your case. If you’ve been searching for a Does California have Romeo and Juliet laws lawyer, we’re here to help. Call us today at 714-294-0599.
Scott Henry
Mr. Henry has worked in the criminal defense sector for over 11 years. He began his legal career working for a variety of criminal defense attorneys where he served as a law clerk preparing several firm’s attorneys for a vast variety of cases, ranging from multiple Homicide gang cases to driving under the influence allegations. While working for these firms, Mr. Henry truly found his passion in helping defend individuals that were facing criminal charges.
