Statutory rape is a California “wobbler” offense. Depending on the circumstances it may be charged as either a misdemeanor or a felony.3
The age difference between the defendant and the minor is one of the major factors determining how the crime is tried. If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe.
In such a case they can include up to four (4) years in California state prison!