What is defined as unlawful sexual intercourse under Penal Code 261.5?

The definition of unlawful sexual intercourse under Penal Code 261.5 specifically pertains to sexual intercourse with a minor who is not married to the perpetrator. This law is designed to protect minors from sexual exploitation and recognizes the inherent power imbalance that exists in these situations. The code establishes that consent is not a legal defense when it comes to minors, reinforcing the intent to safeguard young individuals from sexual predators.

This choice accurately reflects the legal framework established by the code, which aims to prohibit all sexual interactions involving minors who lack the capacity to consent legally. The language of the law emphasizes both the involvement of a minor and the fact that they are not in a marital relationship with the adult, which is key in differentiating this crime from other potential sexual activities or relationships.

In contrast, sexual contact with a minor may refer to a broader range of interactions but does not specifically capture the aspect of unlawful intercourse. Exchanging sexual favors for goods pertains to human trafficking or sex work and does not directly relate to the definition of unlawful sexual intercourse as described in Penal Code 261.5. Administering substances to minors for sexual purposes is a separate offense that involves coercive actions beyond merely engaging in sexual intercourse.