The age of legal consent for sexual intercourse in California is 18 years old. The crime of “statutory rape” (more correctly called “unlawful sexual intercourse” today) is sexual intercourse with a person under the age of 18. Even if the “victim” was a willing, consenting partner, if they are under 18, it is still a crime. Even if both participants are under 18, it is still a crime! Whether the charge is a felony or a misdemeanor depends on the age difference between the two people having sex. If the age difference is less than 3 years, it is a misdemeanor [Penal Code section 261.5(b)]. If the age difference is more than 3 years, it can be charged as either a felony or a misdemeanor [Penal Code section 261.5(c)].