California does not have a Romeo and Juliet law. Sex with anyone under 18 is a crime in California no matter how close in age the two people are, and no exception decriminalizes consensual activity between teenagers or between a teen and a slightly older partner. What California does have, under Penal Code 261.5, is a tiered penalty structure that treats smaller age gaps less harshly than larger ones. That is the full extent of the protection, and it is often mistaken for something stronger than it is.
What Penal Code 261.5 Says
California sets the age of consent at 18. Any act of sexual intercourse with someone under 18 who is not the other person’s spouse is “unlawful sexual intercourse” under Penal Code 261.5.1California Legislative Information. California Penal Code 261.5 PEN The statute makes no exception for consent, for a long-term relationship, or for who initiated contact. It is a strict liability offense, so the older person cannot defend the case by saying they believed the minor was 18 or that the minor lied about their age.
This is the key difference between California and states that have a true Romeo and Juliet law. In those states, close-in-age sexual activity is either decriminalized or shielded from prosecution outright. California never removes criminal liability. A 17-year-old and an 18-year-old in a committed relationship are both inside the reach of the statute. The only question the law answers is how severely the conduct can be punished.
Penalty Tiers by Age Difference
Penal Code 261.5 creates three penalty tiers, and the age gap between the two people decides which one applies.
Three years or less apart. When the two people are within three years of each other, the offense is a misdemeanor and cannot be charged as a felony. The maximum penalty is one year in county jail.1California Legislative Information. California Penal Code 261.5 PEN This tier is what people most often mean when they talk about a California “close-in-age exception.” It is not an exception. It is a ceiling on the charge.
More than three years apart. When the older person is more than three years older than the minor, the offense becomes a wobbler. Prosecutors can file it as either a misdemeanor or a felony, and a felony conviction carries a state prison sentence under Penal Code 1170(h).1California Legislative Information. California Penal Code 261.5 PEN
Age 21 or older with a minor under 16. The most serious tier applies when someone 21 or older has sex with a minor under 16. This is also a wobbler, but a felony conviction carries a prison term of two, three, or four years.1California Legislative Information. California Penal Code 261.5 PEN
Civil penalties can be stacked on top of the criminal sentence when the defendant is an adult. Someone at least three years older than the minor can be ordered to pay up to $10,000, and someone over 21 who has sex with a minor under 16 can be ordered to pay up to $25,000.1California Legislative Information. California Penal Code 261.5 PEN These are separate from any criminal fine and only apply to adults.
When Both People Are Minors
The statute reaches “a person,” not just adults, so when two minors have sex, both are technically violating Penal Code 261.5. If they are within three years of each other, both face misdemeanor exposure. If one is more than three years older, the older teen faces wobbler charges and the younger one still faces misdemeanor exposure.1California Legislative Information. California Penal Code 261.5 PEN
Prosecutors rarely file charges against two teenagers in a consensual relationship, but the authority is there. A parent who objects to the relationship can report it, and a district attorney has no legal obligation to decline the case just because both parties are under 18.
Mandatory Sex Offender Registration Starting in 2026
The biggest recent change affects what happens after a conviction. For offenses occurring on or after January 1, 2026, a conviction under subdivision (c) or (d) of Penal Code 261.5 requires sex offender registration under Penal Code 290.2California Legislative Information. California Penal Code 290 PEN That captures every case where the older person is more than three years older than the minor, and every case where someone 21 or older has sex with a minor under 16.
Before 2026, registration for a Penal Code 261.5 conviction was largely up to the judge. The 2026 change removes that discretion for the two more serious tiers. The misdemeanor-only tier under subdivision (b), where the age gap is three years or less, is the only part of the statute that stays off the mandatory registration list.
California uses a tiered registration system under SB 384. Registrants are placed into Tier 1 (minimum 10 years), Tier 2 (minimum 20 years), or Tier 3 (lifetime) based on the conviction and risk assessment.3California Department of Justice. Sex Offender Tiering SB 384 FAQs Registration limits where a person can live and work, and the obligation travels with the person if they move to another state.
How California Compares to a True Romeo and Juliet State
The practical difference matters because people facing a Penal Code 261.5 charge sometimes assume protections exist here that do not. In a state with a genuine close-in-age exception, a 19-year-old who has consensual sex with a 16-year-old may face no criminal liability at all. In California, that same 19-year-old has committed a wobbler offense that a prosecutor can file as a felony, and a conviction now requires sex offender registration.
The three-year rule in Penal Code 261.5 reduces the penalty for close-in-age conduct, but it never makes the conduct legal. Every person under 18 is covered by the statute regardless of their own wishes, their maturity, or who pursued the relationship. If you are in or near this situation, the gap between California’s law and a real Romeo and Juliet statute can be the difference between no legal consequence and a criminal record that follows you for decades.