A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.This means that if the partner is 2 years or older than the 12 or 13 year old, any sexual activity is a criminal offence.If convicted, the person would face the same penalty as if that offence had occurred in Canada.In addition to these criminal laws against child sexual abuse and exploitation, each province and territory has its own child welfare laws to protect children against abuse, exploitation and neglect.(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 pursuant to subdivision (h) of Section 1170 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 (,000).(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars () against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23.
One or more of these charges may be used to prosecute violations of the California Age of Consent, as statutory rape or the California equivalent of that charge.Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old. (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.California statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 18 who is not their spouse.Punishments vary depending on the respective ages of both victim and offender.