261.5. (C) - SEX WITH MINOR: 3+ YRS YOUNGER
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator 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.
Rape in the third degree
(1)A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.
(2)Rape in the third degree is a Class C felony. [1971 c.743 ?109; 1991 c.628 ?1]