California Penal Code Section 261.5
Are you facing charges for Statutory Rape? Violation of California Penal Code Section 261.5 is a very serious offense. We at MacGregor & Collins have over 30 years of experience in Orange County sexual assault cases. We are an unparalleled OC criminal defense firm who will help you understand the charges brought against you and fight to get you the best judgment possible for your case.
Anyone who knowingly has intercourse with a minor is guilty of Statutory Rape and violates California Penal Code 261.5. A minor is defined as anyone under the age of 18.
In order to prosecute for Orange County CPC 261.5 Statutory Rape, the state has the burden to prove you are guilty of:
- Any individual who has sexual intercourse/sexual penetration with another
- The victim was someone under the age of 18
The penalties or punishment for statutory rape depend on a number of factors include the age gap between both parties. It can be filed under (felony or misdemeanor), and those found guilty can face:
- Misdemeanor :
- Up to 1 Year in the Orange County Jail
- A maximum $1,000 fine
- An informal probation
- Felony:
- 16 months to 4 Years in a California State Prison
- A probation
- A fine of no more than $10,000
- Age Gaps in Statutory Rape:
- If the guilty party is no more than 3 years older than the victim, CPC 261.5 is filed as a misdemeanor
- If the guilty party is more than 3 years older than the victim, 261.5 CPC is filed as either a misdemeanor or felony
- If the guilty party is no more 21 year old and the victim less than 16, PC 261.5 is filed as either a misdemeanor or felony
NB: It should be noted that there are other types of rape such as, date rape, spousal rape or oral copulation, which carries other fines.
Other Potential Punishments:
Defendants may be required to register as a sex offender. They may also be subjected the Three Strikes Law of California. In addition, if the victim was affected by great bodily injury, fines and prison time may be increased.
Since sexual assault is a serious offense, it is imperative to work with a skilled defense team in order to prove oneีs innocence. Sexual assault accusations can take a toll on oneีs reputation, career and life, so tread carefully.
If you are facing Statutory Rape charges for Penal Code 261.5 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. We will partner with the best private detectives, forensic specialists and DNA experts to help prove your innocence. Call us today at (949) 250-6097.
