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It is a misdemeanor. There is no distinction in California law between homosexual activity and heterosexual activity with regard to age of consent.

Section 261.5 (b) would apply in this case. A minor is anyone under 18:

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.

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