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If you are drinking or high on drugs and unable to make a decision, the law does not consider that you consented.
If the person honestly and reasonably believed he or she had your consent to sexual activity, it may be a defence.
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This is the age that criminal law recognizes the legal capacity of a young person to consent to sexual activity.(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars (,000).Depending on what you are doing and who you are doing it with, sexual activity with a person under 18 years-old is illegal.(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars (,000).In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity.One or more of these charges may be used to prosecute violations of the California Age of Consent, as statutory rape or the California equivalent of that charge.The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim.