At what age is the rape of a child pedophilia and at what age does it become statutory rape?

Full question:

At what age is the rape of a child pedophilia and at what age does it become statutory rape? Each state varies, I'm concerned about an event in California even though I live in Utah.

• Category: Criminal
• Subcategory: Assault
• Date: 04/07/2025
• State: California

Answer:

The applicable California statutes are as follows:

§ 261 Penal

(a) Rape is an act of sexual intercourse accomplished with a person not
the spouse of the perpetrator, under any of the following circumstances:

(1) Where a person is incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and this
is known or reasonably should be known to the person committing the act.
Notwithstanding the existence of a conservatorship pursuant to the
provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an element
of the crime, that a mental disorder or developmental or physical
disability rendered the alleged victim incapable of giving consent.

(2) Where it is accomplished against a person's will by means of force,
violence, duress, menace, or fear of immediate and unlawful bodily injury
on the person or another.

(3) Where a person is prevented from resisting by any intoxicating or
anesthetic substance, or any controlled substance, and this condition was
known, or reasonably should have been known by the accused.

(4) Where a person is at the time unconscious of the nature of the act,
and this is known to the accused. As used in this paragraph, "unconscious
of the nature of the act" means incapable of resisting because the victim
meets one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the essential
characteristics of the act due to the perpetrator's fraud in fact.

(D) Was not aware, knowing, perceiving, or cognizant of the essential
characteristics of the act due to the perpetrator's fraudulent
representation that the sexual penetration served a professional purpose
when it served no professional purpose.

(5) Where a person submits under the belief that the person committing
the act is the victim's spouse, and this belief is induced by any
artifice, pretense, or concealment practiced by the accused, with intent
to induce the belief.

(6) Where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any other
person, and there is a reasonable possibility that the perpetrator will
execute the threat. As used in this paragraph, "threatening to retaliate"
means a threat to kidnap or falsely imprison, or to inflict extreme pain,
serious bodily injury, or death.

(7) Where the act is accomplished against the victim's will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a reasonable
belief that the perpetrator is a public official. As used in this
paragraph, "public official" means a person employed by a governmental
agency who has the authority, as part of that position, to incarcerate,
arrest, or deport another. The perpetrator does not actually have to be a
public official.

(b) As used in this section, "duress" means a direct or implied threat
of force, violence, danger, or retribution sufficient to coerce a
reasonable person of ordinary susceptibilities to perform an act which
otherwise would not have been performed, or acquiesce in an act to which
one otherwise would not have submitted. The total circumstances,
including the age of the victim, and his or her relationship to the
defendant, are factors to consider in appraising the existence of duress.

(c) As used in this section, "menace" means any threat, declaration, or
act which shows an intention to inflict an injury upon another.

§ 261.5 Penal

(a) Unlawful sexual intercourse is an act of sexual intercourse
accomplished with a person who is not the spouse of the perpetrator, if
the person is a minor. For the purposes of this section, a "minor" is a
person under the age of 18 years and an "adult" is a person who is at
least 18 years of age.

(b) Any person who engages in an act of unlawful sexual intercourse
with a minor who is not more than three years older or three years
younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful sexual intercourse
with a minor who is more than three years younger than the perpetrator is
guilty of either a misdemeanor or a felony, and shall be punished by
imprisonment in a county jail not exceeding one year, or by imprisonment
in the state prison.

(d) Any person 21 years of age or older who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age is
guilty of either a misdemeanor or a felony, and shall be punished by
imprisonment in a county jail not exceeding one year, or by imprisonment
in the state prison for two, three, or four years.

(e)(1) Notwithstanding any other provision of this section, an adult
who engages in an act of sexual intercourse with a minor in violation of
this section may be liable for civil penalties in the following amounts:

(A) An adult who engages in an act of unlawful sexual intercourse with
a minor less than two years younger than the adult is liable for a civil
penalty not to exceed two thousand dollars ($2,000).

(B) An adult who engages in an act of unlawful sexual intercourse with
a minor at least two years younger than the adult is liable for a civil
penalty not to exceed five thousand dollars ($5,000).

(C) An adult who engages in an act of unlawful sexual intercourse with
a minor at least three years younger than the adult is liable for a civil
penalty not to exceed ten thousand dollars ($10,000).

(D) An adult over the age of 21 years who engages in an act of unlawful
sexual intercourse with a minor under 16 years of age is liable for a
civil penalty not to exceed twenty-five thousand dollars ($25,000).

(2) The district attorney may bring actions to recover civil penalties
pursuant to this subdivision. From the amounts collected for each case,
an amount equal to the costs of pursuing the action shall be deposited
with the treasurer of the county in which the judgment was entered, and
the remainder shall be deposited in the Underage Pregnancy Prevention
Fund, which is hereby created in the State Treasury. Amounts deposited in
the Underage Pregnancy Prevention Fund may be used only for the purpose
of preventing underage pregnancy upon appropriation by the Legislature.

(3) In addition to any punishment imposed under this section, the judge
may assess a fine not to exceed seventy dollars ($70) against any person
who violates this section with the proceeds of this fine to be used in
accordance with Section 1463.23. The court shall, however, take into
consideration the defendant's ability to pay, and no defendant shall be
denied probation because of his or her inability to pay the fine
permitted under this subdivision.

§ 264 Penal

(a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.

(b) In addition to any punishment imposed under this section the judge
may assess a fine not to exceed seventy dollars ($70) against any person
who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23. The court
shall, however, take into consideration the defendant's ability to pay,
and no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.

§ 266j Penal

Any person who intentionally gives, transports, provides, or makes
available, or who offers to give, transport, provide, or make available
to another person, a child under the age of 16 for the purpose of any
lewd or lascivious act as defined in Section 288, or who causes,
induces, or persuades a child under the age of 16 to engage in such an
act with another person, is guilty of a felony and shall be imprisoned in
the state prison for a term of three, six, or eight years, and by a fine
not to exceed fifteen thousand dollars ($15,000).

§ 266k Penal

(a) Upon the conviction of any person for a violation of Section
266h, 266i, or 266j, the court may, in addition to any
other penalty or fine imposed, order the defendant to pay an additional
fine not to exceed five thousand dollars ($5,000). In setting the amount
of the fine, the court shall consider any relevant factors including, but
not limited to, the seriousness and gravity of the offense and the
circumstances of its commission, whether the defendant derived any
economic gain as the result of the crime, and the extent to which the
victim suffered losses as a result of the crime. Every fine imposed and
collected under this section shall be deposited in the Victim-Witness
Assistance Fund to be available for appropriation to fund child sexual
exploitation and child sexual abuse victim counseling centers and
prevention programs under Section 13837.

(b) If the court orders a fine to be imposed pursuant to this section,
the actual administrative cost of collecting that fine, not to exceed 2
percent of the total amount paid, may be paid into the general fund of the
county treasury for the use and benefit of the county.

§ 269 Penal

(a) Any person who commits any of the following acts upon a child who
is under 14 years of age and seven or more years younger than the person
is guilty of aggravated sexual assault of a child:

(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of
Section 261.

(2) Rape or sexual penetration, in concert, in violation of Section
264.1.

(3) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or
subdivision (d), of Section 286.

(4) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.

(5) Sexual penetration, in violation of subdivision (a) of Section
289.

(b) Any person who violates this section is guilty of a felony and
shall be punished by imprisonment in the state prison for 15 years to
life.

(c) The court shall impose a consecutive sentence for each offense that
results in a conviction under this section if the crimes involve separate
victims or involve the same victim on separate occasions as defined in
subdivision (d) of Section 667.6.