Pen. Code, § 261.5 · Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
Pen. Code, § 261.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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 18 years of age and an “adult” is a person who is 18 years of age or older.
(b) A 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) A 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 pursuant to subdivision (h) of Section 1170.
(d) A 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 ($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 21 years of age 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 a 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 a defendant shall not be denied probation because of their inability to pay the fine permitted under this subdivision.
(f) A person convicted of violating subdivision (d) who is granted probation shall not complete their community service at a school or location where children congregate.
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 838, Sec. 1. (AB 1371) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=261.5.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
Cited by 36 provisions
Provisions in this library whose text cites Pen. Code, § 261.5. Each shows the citation as that text prints it.
Code of Civil Procedure
Family Code
Government Code
Health and Safety Code
Penal Code
- Pen. Code, § 136.2Printed as Section 261, 261.5
- Pen. Code, § 136.7Printed as Section 243.4, 261, 261.5, 264.1, 266, 266a, 266b, 266c, 266f, 285, 286, 287, 288, or 289
- Pen. Code, § 264.2Printed as Section 261, 261.5, 273.5, 286, 287, or 289 | Section 261, 261.5, 286, 287, or 289
- Pen. Code, § 273.7Printed as Sections 240, 242, 243.4, 261, 261.5, 264.1, 266, 266a, 266b, 266c, 266f, 273.5, 273.6, 285, 288, and 289
- Pen. Code, § 290Printed as Section 261.5
- Pen. Code, § 290.005Printed as Section 261.5
- Pen. Code, § 667Printed as Section 261.5
- Pen. Code, § 675Printed as Section 261.5
- Pen. Code, § 680Printed as Section 261, 261.5, 286, 287, or 289
- Pen. Code, § 784.7Printed as Section 243.4, 261.5, 273a, 273.5, 646.9
- Pen. Code, § 1127dPrinted as Section 261.5
- Pen. Code, § 1127ePrinted as Section 261 or 261.5
- Pen. Code, § 1170.12Printed as Section 261.5
- Pen. Code, § 1170.86Printed as Section 220, 261, 261.5, 264.1, or 266j
- Pen. Code, § 1170.9Printed as Section 261.5
- Pen. Code, § 1202.1Printed as Section 261.5 or 266c
- Pen. Code, § 1203.4Printed as Section 261.5
- Pen. Code, § 1324.2Printed as Section 220, 243.4, 261, 261.5, 286, 287, 288, or 289
- Pen. Code, § 1346Printed as Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, 289, or 647.6
- Pen. Code, § 1347.5Printed as Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1417.8Printed as Section 261.5
- Pen. Code, § 1524.1Printed as Section 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, or 289.5
- Pen. Code, § 11165.1Printed as Section 261.5
- Pen. Code, § 12022.85Printed as Section 261.5
- Pen. Code, § 13701Printed as Section 261, 261.5, 273.5, 286, 287, or 289
- Pen. Code, § 13750Printed as Section 220, 261, 261.5, 264.1, 266c, 269, 285, 286, 287, 288, 288.5, 289, or 647.6
- Pen. Code, § 13837Printed as Section 220, 261, 261.5, 264.1, 266c, 285, 286, 287, 288, or 647.6
- Pen. Code, § 14205Printed as Section 220, 261.5, 273a, 273d, or 273.5
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.