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Prosecutors would have to really stretch existing laws to find anything illegal with an 18 year old dating a 14 year old - although it might be a legitimate cause for concern for adults with responsibility for either or both of the teenagers. An 18-year-old having SEX with a 14-year-old is a different matter. While some states have so-called "Romeo and Juliet laws", California has no such exceptions for teenagers. By way of clarification, Romeo and Juliet laws apply to cases of statutory rape when both members engaging in consensual sexual intercourse are teenage (13-19). Romeo and Juliet laws generally stipulate a certain age gap between the older alleged offender and the younger alleged victim. The specific age gap varies from state to state. Romeo and Juliet laws do not prevent a teenage statutory rapist from facing criminal allegations of breaking statutory rape laws.

In California, the age of consent is set at 18 years old and sexual intercourse with someone under the age of consent is a criminal offense. The type of offense depends on the age of the victim and perpetrator.

  • Sex between two minors, regardless of their ages, is not legal in California and can be charged as a misdemeanor.
  • Sex with a minor (under age 18) if the perpetrator is not more than three years older or younger than the victim is a misdemeanor.
  • Sex with a minor if the perpetrator is more than three years older than the victim may be a misdemeanor or felony punishable by up to one year in prison.
  • If the perpetrator is over 21 and the victim is under 16 it may be a misdemeanor or felony punishable by up to four years in prison.
  • Along with a term of incarceration, a conviction for unlawful sexual intercourse with a minor may also face civil fines and could be required to register as a sex offender if you move to another state.
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