View profile on Avvo
Avvo Rating 10
10 Best
The National Trial Lawyers

Unlawful Intercourse

Penal Code Section 261.5

In the state of California sex between one individual and a person who is under the age of 18 years is known as ‘Unlawful Intercourse’ under Penal Code section 261.5. This crime is commonly known as ‘statutory rape’. Presumably, that description came about because regardless of whether the underage person gives consent, it is still a violation of the law to have intercourse with them. This law only applies to actual intercourse and not oral sex or anal sex. The laws regarding oral and anal sex with underage individuals are much harsher, almost always felonies and usually require sex registration. A conviction under Penal Code Section 261.5 does not require sex registration.

Sex between someone over the age of 18 and someone under the age of 18 where there is three years or less of age difference may be filed as a misdemeanor under Penal Code section 261.5(b); if there is more then a three year age difference the crime may be filed as a misdemeanor or a felony (Penal Code Section 261.5(c)). If the Defendant is 21 years or older and the minor is under 16 then the maximum punishment may be four years in state prison although such a long sentence is very unlikely (Penal Code Section 261.5(d).

Practically speaking, it is possible for two individuals in high school engaging in consensual intercourse resulting in the one who is 18 being charged with Penal Code Section 261.5. For example, if an 18 years old high school senior has sex with his 16 year old girlfriend he can be charged with this crime. Often when this scenario occurs it is because the parents of the younger individual wish to discourage the relationship, or the younger female has become pregnant and the parents are upset. Often times, it is the angry parents who spur the District Attorney into action. Similarly though, parents of the younger person may be persuaded to ask the District Attorney for leniency since few realize that these charges can result in jail. Other times, the Defendant agreeing to a paternity test, which will then result in support payments, may soothe a parent up- in-arms over the unexpected pregnancy of the minor.

Contact Orange County defense attorney Katie Walsh if you need help with Unlawful Intercourse or any other criminal matter.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

My child was charged with Felony Penal Code 597(a)- Animal Cruelty. After hiring Katie Walsh, she got the charges reduced to a misdemeanor, counseling, and 40 hours of chores at home. We come back in 6 months and the...

DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...

RG

My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...

RS

My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client
View More
Submit a Law Firm Client Review

Contact Us Now

Photograph.png

Free Consultation (714) 351-0178