California Penal Code 261.5

Statutory Rape Bail Bonds

PC 261.5 Specialist — Available 24/7

A PC 261.5 arrest is serious but bail is almost always available. Bail runs $25,000 to $100,000 depending on the age gap and circumstances. Chad handles these cases across all of Southern California. Call now.

What Is PC 261.5 — Unlawful Sexual Intercourse with a Minor

California Penal Code 261.5 makes it a crime for any person to engage in sexual intercourse with a person under 18 who is not their spouse. Unlike many sex crimes, PC 261.5 does not require force or lack of consent — the age of the minor is the only element. The charge can be filed as a misdemeanor or a felony depending on the age difference between the parties. A 3-year or less age gap is typically a misdemeanor. A greater than 3-year gap is typically a felony. A defendant 21 or older with a victim under 16 faces the most serious treatment.

A real story — name changed

The 22-Year-Old Who Got Out of Jail and Found His Life Already Gone

A 22-year-old was at a college party. A girl accused him of rape. He was arrested. Bail was set at $100,000.

His parents had never dealt with anything like this. They had barely heard of a bail bondsman. Before they could even process what was happening, the calls started — not just to his parents, but to his grandparents, his uncles, his brothers. Every number connected to him. All of them getting calls from strangers saying: your son, your grandson, your nephew is sitting in jail for rape. Do you want to help?

The family panicked. They were like deer in headlights. They did not know that an arrest is not a conviction. They heard the word and they reacted the way any family would when a stranger calls at night and tells them something like that.

They bonded him out. Through one of those companies. He got out of jail. And that is when he found out what had happened. His entire extended family had been called. Everyone knew. The bond company had their commission. And a 22-year-old — who had not been convicted of anything, who was legally innocent — walked out of jail into a family that had already been told the worst version of the story by a stranger who had never met him.

That is what these companies do. They get paid. And they leave the defendant to deal with the wreckage.

"He got out of jail and found out his entire family had already been told. The bond company had their commission. He had nothing left to explain."

— Chad Conley
Read Chad's full position on bail bond cold calling

PC 261.5 Bail by County

Bail amounts vary by county schedule and are subject to modification at arraignment. Age gap, criminal history, and specific circumstances all affect the final amount.

CountyMisdemeanorFelony (>3yr gap)
Los Angeles County$5,000–$10,000$25,000–$50,000
Orange County$5,000–$10,000$25,000–$50,000
San Bernardino County$5,000–$10,000$25,000–$50,000
Riverside County$5,000–$10,000$25,000–$50,000
Ventura County$5,000–$10,000$25,000–$50,000

How the Charge Is Filed — Misdemeanor vs. Felony

The DA has discretion in how to file a PC 261.5 case. These are the typical filing patterns:

ScenarioFilingTypical Bail
Defendant 18–20, victim 15–17, age gap under 3 yearsMisdemeanor$5,000–$10,000
Defendant 21+, victim 16–17, age gap over 3 yearsFelony (wobbler)$25,000–$50,000
Defendant 21+, victim under 16Felony$50,000–$100,000
Prior sex crime convictionFelony$100,000+

Why These Cases Need a Specialist

PC 261.5 cases are sensitive. The defendant is often a young adult. The families on both sides may know each other. The cosigner is usually a parent or sibling who is devastated and conflicted.

No Judgment

Chad does not judge the charge. He has handled hundreds of these cases. He understands the family dynamic and the emotional weight the cosigner is carrying.

Fast Release

PC 261.5 bail is lower than most felony sex crimes. Once the cosigner paperwork is complete, Chad can typically post bond within 2–4 hours.

Discretion

These cases are sensitive for everyone involved. Chad handles every call and every file with complete confidentiality.

All Southern California Counties

Chad covers LA, Orange, San Bernardino, Riverside, and Ventura counties. One call handles everything.

24/7 Availability

Arrests happen at night and on weekends. Chad answers his phone around the clock.

Credit Policy on Increases

If bail is increased on the same case in the same county, Chad credits what you already paid. You only pay the premium on the additional amount.

Cosigner Requirements

PC 261.5 bail is lower than most felony sex crimes, which means the cosigner requirements are more manageable. For bonds under $50,000, Chad typically needs:

  • Valid government-issued photo ID
  • Proof of California residency
  • Proof of income or employment
  • For bonds over $50,000: property equity documentation or vehicle titles may be required
  • Commitment to ensure the defendant appears at all court dates

Non-citizens can cosign. Chad will ask direct questions and structure the bond accordingly.

Chad's Real-World Experience

The DA Bail Escalation Tactic — And Why It Matters

Sex crime cases carry something most bail agents won't tell you about: prosecutors sometimes use bail as a pressure tool. Chad has seen it happen more than once — a defendant posts a $200,000 bond, then additional interviews with the accuser produce new charges, a re-arrest, and a bond increase to $600,000. The family scrapes together everything they have. Then it happens again — more counts, more charges, bond raised past a million dollars.

This is not a conspiracy theory. It is a documented DA strategy in high-profile sex crime cases. The family ends up trapped, unable to post the escalating bond, with the defendant sitting in custody while the case is built around them.

Chad's Credit Policy on Bond Increases

If your bond is increased on the same case in the same county, you do not pay the full premium on the new amount. Chad credits what you have already paid toward the increase. If your bond goes from $500,000 to $1,000,000, you only pay the premium on the additional $500,000 — not on the full million. Every time. No exceptions.

This is not standard industry practice. Most bondsmen treat a re-arrest as a brand new bond and charge accordingly. Chad does not.

I believe you should always have the right to bail. That right should never be taken away — and it should never be weaponized against a family that is already fighting for their loved one.

— Chad Conley

Chad Conley, Bail Bondsman

A Word From Chad

These bonds are usually large. I end up talking to a lot of different family members — mothers, fathers, wives, husbands, sisters, brothers. High bonds. And one of the things I've really noticed is that the cosigners and the family struggle with something deeper than the money.

Should I cosign for him — for this type of thing? It's so looked down on in society. The thought of even helping somebody if they did something like this. People really struggle with that. Sometimes it makes them sit back, take longer, dread going through the paperwork. It's a very, very sad deal.

Of all the crimes I can bond people out for — I have to say that for sex crime cases, I'm in this for the cosigner. If you could see what these families are going through when it comes to this crime, it's hard. There's just no other more horrifying thing for these cosigners. That's got to be the closest to my heart.

I'm in this for the cosigner. If you could see what these families are going through — that's got to be the closest to my heart.

— Chad Conley, Licensed Bail Bondsman

Frequently Asked Questions

What is the bail for statutory rape in California?
Bail for PC 261.5 (statutory rape / unlawful sexual intercourse with a minor) typically ranges from $5,000 for a misdemeanor to $100,000 for the most serious felony version involving a defendant 21 or older and a victim under 16. The exact amount depends on the county bail schedule, the age gap, and the defendant's criminal history.
Is statutory rape a felony in California?
It depends on the age gap. A difference of 3 years or less is typically a misdemeanor. A difference greater than 3 years is typically a felony. When the defendant is 21 or older and the victim is under 16, it is always a felony. The DA also has discretion to file a wobbler (either misdemeanor or felony) based on the circumstances.
Does a PC 261.5 conviction require sex offender registration?
Not automatically. PC 261.5 is not on the mandatory sex offender registration list in California. However, a judge has discretion to order registration as a condition of probation in some cases. Your defense attorney can advise on the specific risk in your case.
How quickly can Chad post a statutory rape bail bond?
PC 261.5 bail is lower than most felony sex crimes, which means the process moves faster. Once the cosigner paperwork is complete, Chad can typically post bond within 2–4 hours. He covers all of Southern California including LA, Orange, San Bernardino, Riverside, and Ventura counties.
Can a parent cosign a bail bond for a PC 261.5 arrest?
Yes. A parent, sibling, spouse, or any responsible adult with California residency and verifiable income can cosign. For bonds under $50,000, the requirements are manageable. Chad will walk you through exactly what he needs on the first call.

Call Chad Now — PC 261.5 Bail Specialist

All of Southern California. Available 24/7. No judgment. Complete discretion.