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The following are a few scenarios that could lead to PC 261.5 charges: The offense of statutory rape is a California "wobbler" offense.This means that the crime can be charged as either a misdemeanor or a felony depending on the facts of the case.
This is because children are generally not mature enough to make intelligent and informed decisions regarding the physical and emotional risks of having sex.
There are exceptions for young persons under 16 years of age who have consensual sexual activity with someone close in age.
These exceptions make sure the law does not label consensual activities between young people as criminal offences.
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Figures: Sexual Activity Among Young People in the U. Source: Finer LB and Philbin JM, Sexual initiation, contraceptive use, and pregnancy among young adolescents, 2013, 131(5):886–891.