Before the pandemic, about 40% of California teens were sexually active, despite the prohibition of statutory sexual assault. Under California Penal Code sec 261.5, statutory assault means having sexual intercourse with someone under 18. The case will be charged as a misdemeanor if the defendant is less than three years older than the purported victim. If the defendant is more than three years older, the case can be charged as either a misdemeanor or a felony. Statutory assult can be prosecuted even if there was consent to sexual conduct and it was consensual. If both actors are underage, they can be charged with statutory sexual assault. A defendant convicted of statutory assualt does not have to register as a sex offender unless other charges mandate such registration.