This means that the crime can be charged as either a misdemeanor or a felony depending on the facts of the case. The crime of statutory rape is a California “ wobbler” offense. a pair of high school sweethearts who have been dating for three years have sex for the first time when he is an 18-year-old but she is still only 16.a 35-year-old college professor develops a sexual relationship with a 17-year-old girl who is in one of the classes he teaches and.a 19-year-old female high school senior has sex with a 16-year-old male who is in several of her classes.The following are a few scenarios that could lead to PC 261.5 charges: Having sex with a minor can result in prosecution for a crime – typically for statutory rape, per Penal Code 261.5. This means that it is a crime in California to have sexual intercourse with a person age 17 or younger. The legal age of consent in Califonia is 18 years old.
