Ages of consent in the United States

Age of consent laws in the U.S., reflecting the general age of consent:
  16
  17
  18
  No data available / other

The United States is a federation of states where the age of consent laws are made at the state, territorial, and federal district levels. There exist several federal statutes related to protecting minors from sexual predators, but none of them imposes an age limit on sexual acts. On 26 June 2003, both heterosexual and homosexual sodomy became legal in all U.S. states, territories, and the federal district under the U.S. Supreme Court decision Lawrence v. Texas[1] (between non-commercial, consenting adults in a private bedroom). In State v. Limon (2005), the Kansas Supreme Court used Lawrence as a precedent to overturn the state's "Romeo and Juliet" law, which prescribed lesser penalties for heterosexuals than homosexuals convicted of similar age of consent-related offenses.[2]

History

While the general age of consent is now set between 16 and 18 in all U.S. states, the age of consent has widely varied across the country in the past. In 1880, the age of consent was set at 10 or 12 in most states, with the exception of Delaware where it was 7.[3] The ages of consent were raised across the U.S. during the late 19th century and the early 20th century.[4][5] By 1920 ages of consent generally rose to 16-18 and small adjustments to these laws occurred after 1920. As of 2015 the final state to raise its age of general consent was Hawaii, which changed it from 14 to 16 in 2001.[6]

Age-of-consent laws were historically only applied when a female was younger than her male partner. By 2015 ages of consent were made gender-symmetric.[6] Until the late 20th century many states had provisions requiring that the teenage girl must be of previous "chaste character" in order for the sexual conduct to be considered criminal. In 1998 Mississippi became the last state to remove this provision from its code.[7]

The laws were designed to prosecute persons far older than the victims rather than teenagers close in age; therefore prosecutors rarely pursued teenagers in relationships with other teenagers even though the wordings of the laws made some close-in-age teenage relationships illegal. After the 1995 Landry and Forrest study concluded that men aged 20 and older produced half of the teenage pregnancies of girls between 15 and 17, states began to more stringently enforce age-of-consent laws to combat teenage pregnancy in addition to prevent adults from taking advantage of minors.[8] A backlash among the public occurred when some teenagers engaging in close-in-age relationships received punishments perceived by the public to be disproportionate,[9] and thus age-gap provisions were installed to eliminate penalties if the two parties are close in age, and other measures were introduced that reduced penalties if the two parties were close in age.[10] Brittany Logino Smith and Glen A. Kercher of the Criminal Justice Center of Sam Houston State University wrote that these laws are often referred to as "Romeo and Juliet laws", though they defined Romeo and Juliet as only referring to an affirmative defense against prosecution.[11] Previously some of these statutes only applied to heterosexual sex, leaving homosexual sex in the same age range open to prosecution.[12]

From 2005 onwards states have started to enact Jessica's Law statutes, which provide for lengthy penalties (often a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring) for the most aggravated forms of child sexual abuse (usually of a child under age 12). In 2008, in Kennedy v. Louisiana, the Supreme Court of the United States ruled that the death penalty for rape of a child was unconstitutional.

Federal laws

{Chapter 117, 18 U.S.C. 2422(b)} forbids the use of the United States Postal Service or other interstate or foreign means of communication, such as telephone calls or use of the internet, to persuade or entice a minor (defined as under 18 throughout the chapter) to be involved in a criminal sexual act. The act has to be illegal under state or federal law to be charged with a crime under 2422(b), and can even be applied to situations where both parties reside within the same state but use an instant messenger program whose servers are located in another state.[13]

{Chapter 117, 18 U.S.C. 2423(a)} forbids transporting a minor (defined as under 18) in interstate or foreign commerce with the intent of engaging in criminal sexual acts in which a person can be charged. This subsection is ambiguous on its face and seems to apply only when the minor is transported across state or international lines to a place where the conduct is already illegal to begin with. The United States Department of Justice seems to agree with this interpretation.

{Chapter 117, 18 U.S.C. 2423(b)} forbids traveling in interstate or foreign commerce to engage in "illicit sexual conduct" with a minor; this is considered one form of sexual tourism. 2423(f) refers to Chapter 109A as its bright line for defining "illicit sexual conduct" as far as non-commercial sexual activity is concerned. For the purposes of age of consent, the only provision applicable is {Chapter 109A, 18 U.S.C. 2243(a)}. 2243(a) refers to situations where such younger person is under the age of 16 years, has attained 12 years of age, and the older person is more than 4 years older than the 12-to-15-year-old (persons under 12 are handled under 18 U.S.C. 2241(c) under aggravated sexual abuse). So, the age is 12 years if one is within 4 years of the 12-to-15-year-old's age, 16 under all other circumstances. This most likely reflects Congressional intent to not unduly interfere with a state's age-of-consent law, which would have been the case if the age was set to 18 under all circumstances. This law is also extraterritorial in nature to U.S. Citizens and Residents who travel outside of the United States.

Although legislation tends to reflect general societal attitudes regarding male versus female ages of consent, Richard Posner notes in his Guide to America's Sex Laws:

"The U.S. Supreme Court has held that stricter rules for males do not violate the equal protection clause of the Constitution, on the theory that men lack the disincentives (associated with pregnancy) that women have, to engage in sexual activity, and the law may thus provide men with those disincentives in the form of criminal sanctions."[14]

The Assimilative Crimes Act (18 U.S.C. § 13) incorporates local state criminal law when on federal reservations such as Bureau of Land Management property, military posts and shipyards, national parks, national forests, inter alia. Consequently, if an act is not punishable under any federal law (such as 18 U.S.C. 2243(a) mentioned above) then the local state's age-of-consent laws would apply to the crime.

The Protect Act § 503 of 1992 (codified at 18 U.S.C. § 2251 to 18 U.S.C. § 2260) makes it a federal crime to possess or create sexually explicit images of any person under 18 years of age; this creates a federal age of consent of 18 for pornography.[15] Thus, while some conduct covered by the statute is highly culpable, these penalties apply even when consensual sex between someone under the age of eighteen and someone over the age of eighteen is entirely legal under state law, the non-commercial possession of an explicit picture or video clip of the person under the age of eighteen (such as a cell phone photograph of a naked sexual partner, under the age of eighteen, of the person taking the photo) may still constitute a serious federal child pornography felony.[16] The sentence for a first time offender convicted of producing child pornography under 18 U.S.C. § 2251 (such as taking a suggestive cell phone picture of an otherwise legal sexual partner under the age of eighteen without an intent to share or sell the picture), face fines and a statutory minimum of 15 years to 30 years maximum in prison.[17][18] While mandatory minimum offenses do not apply to mere possession of child pornography, it is almost always the case that a person in possession of child pornography is also necessarily guilty of either receipt of child pornography, which carries a five-year mandatory minimum sentence, or production of child pornography, which carries a fifteen-year mandatory minimum sentence.[19]

Rules applicable to U.S. servicemen and women and prisoners of war

Article 120 of the Uniform Code of Military Justice (10 U.S.C. § 920), to which essentially only members of the United States Armed Services and enemy prisoners of war are subject, defines the age of consent as sixteen years in subsection but allows an exemption for people who are married to minors 12–15 years old. There is also a mistake in age defense if the minor is over 12, but not if the minor is under 12. Within the United States, United States servicemembers are further subject to the local state law both when off-post. The local state law is incorporated, for the most part, into federal law when on-post per the Assimilative Crimes Act (18 U.S.C. § 13). Depending upon the relevant status of forces agreement, United States servicemembers are also subject to the local criminal laws of the host nation for acts committed off-post.

Federal District laws

District of Columbia

The age of consent in the District of Columbia is 16 with a close-in-age exemption for those within four years of age.[20]


State laws

Each U.S. state has its own general age of consent. Currently state laws set the age of consent at 16, 17, or 18. The most common age is 16,[21] a common age of consent in most other Western countries. Less than 50% of the U.S. population resides in states which set the age of consent at 16; these states are usually smaller than states which set the ages of consent at 17 and 18 and therefore have lower populations. Over 60% of the U.S. population resides in states which have ages of consent as 16 and/or 17.[6]

These state laws are discussed in detail below. Most of these state laws refer to statutory rape using other names instead of "statutory rape" in particular.[24] Such laws may refer to: "carnal knowledge of a minor," "child molestation," "corruption of a minor," "sexual misconduct," and/or "unlawful carnal knowledge."[8] The laws of Georgia, Missouri, and North Carolina specifically refer to "statutory rape."[25]

30 U.S. states have age gap laws which make sexual activity legal if the ages of both participants are close to one another,[11] and these laws are often referred to as "Romeo and Juliet laws".[6] Other states have measures which reduce penalties if the two parties are close in age, and others provide an affirmative defense if the two parties are close in age.[11] Even though state laws regarding the general age of consent and age gap laws differ, it is common for people in the United States to assume that sexual activity with someone under 18 is statutory rape.[6]

In 2011 Smith and Kercher wrote "Because of the large number of potential statutory rape cases, it is said that many jurisdictions will “pick and choose” which cases they want to investigate and prosecute."[11] In some states it is common to only prosecute the male in events where both parties in a heterosexual relationship are below the age of consent. Smith and Kercher wrote that there had been "large inconsistencies" among the decisions of prosecution and sentencing of these cases, and there had been accusations that minority males who have sex with minority women resulting in pregnancy and/or who have sex with white women have faced the brunt of enforcement.[26]

Alabama

The age of consent in Alabama is 16.

Shown by articles of the Code of Alabama:

13A-6-70: (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old...

13A-6-67 : (a) A person commits the crime of sexual abuse in the second degree if: ...
(2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

13A-6-62 (a) A person commits the crime of rape in the second degree if: ...
(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

13A-6-64 : (a) A person commits the crime of sodomy in the second degree if: ...
(1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.

The State Legislature recently passed Act 2010-497 making it a crime for any school employee to have any sexual relations with a student under the age of 19. A school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, and other school employee. Age of the student and consent is not a defense. So thus, the age of consent of 16 cannot be used.

13A-6-81 : A person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years if:
(a) He or she is a school employee and engages in a sex act or deviant sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

(b) As used in this section, sex act means sexual intercourse with any penetration, however slight; emission is not required.

(c) As used in this section, deviant sexual intercourse means any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.

(d) The crime of a school employee engaging in a sex act or deviant sexual intercourse with a student is a Class B felony.

13A-6-82 : A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if:
(a) He or she is a school employee and engaging in sexual contact with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

(b) As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act.

(c) The crime of a school employee having sexual contact with a student is a Class A misdemeanor.

Alaska

The age of consent is 16, provided the older partner is not in a position of authority.

Alaska Statutes - Title 11. Criminal Law - Chapter 41. Offenses Against the Person - Sexual Abuse of a Minor
Section 436 in the First Degree (Unclassified Felony) ; Section 436 in the Second Degree (Class B Felony) ;
Section 438 in the Third Degree (Class C Felony) ; Section 440 : in the Fourth Degree (Class A misdemeanor)

AS 11.41.436. Sexual Abuse of a Minor in the Second Degree.

(a) An offender commits the crime of sexual abuse of a minor in the second degree if (1) being 16 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least three years younger than the offender, or aids, induces, causes or encourages a person who is 13, 14, or 15 years of age and at least three years younger than the offender to engage in sexual penetration with another person...

Sexual Abuse of a Minor in the .... :

Indecent Exposure:

Arizona

The age of consent in Arizona is 18. However, there exist in the legislation defenses to prosecution if the defendant is close-in-age to the "victim" or a spouse of the "victim". Note: these are not close-in-age exceptions but defenses in court. Arizona Revised Statute 13-1405(A)

13-1407 (Defenses)

Arkansas

The age of consent is 16, with some close-in-age exemptions.

Details: The age is minimum 16 for a minor (<18) with a major 20 years old or older. Under 18, the younger must not be less than 14, or if so, there is a defense if the minor is not more 4 years younger if 12 or above, not more 3 years younger if under 12. Sexual intercourse of a major and a minor under 14 is a rape.

Arkansas Code - Title 5. Criminal Offenses - Chapter 14. Sexual Offenses. Sections 5-14-

103, 124, 125, 126, 127

5-14-127. A person commits sexual assault in the fourth degree if the person: (a)

(b)

California

In California, there is a crime of "Unlawful sexual intercourse", which is an act of sexual intercourse with a person under the age of 18 who is not the spouse of the person. (CA Penal Code § 261.5 (a))

The punishment is varied, depending on the ages of the perpetrator and the victim, and there are more severe penalties if there is a wider gap between the age of the perpetrator and the age of the victim:[25]

There are also civil sanctions possible for a violation stated above. (CA Penal Code § 261.5 (e))

Furthermore, any person who engages in sex acts with a person under the age of 14 and seven or more years younger than the perpetrator is guilty of aggravated sexual assault of a child. This crime is a felony, punishable by imprisonment in the state prison for a term of 15 years to life. Separate offenses, even with the same person are punished with consecutive sentences. (CA Penal Code § 269)

There are separate crimes for committing sodomy with minors. (CA Penal code § 286)

There are separate crimes for committing any lewd or lascivious act with a person under the age of 14. (CA Penal Code § 288)

History of California laws

The age of consent, at the time applying only when the girl is the younger party, was 10 when California introduced its penal code in 1850. In 1889 the age of consent was raised to 14. In 1897 the age of consent became 16. The age of consent in California has been 18 since 1913. Some media sources reported that the age of consent in California in the 1970s was 14 or 16 but in fact it was and has been 18.[25]

In the 1990s Governor of California Pete Wilson stated that there was a trend of men in their mid-to-late 20s having sex with and impregnating teenage girls around 14 years of age and that the statutory rape laws needed to be enforced to prevent this.[27]

In 2012 Kristin Olsen, a Republican member of the State Assembly of California, sponsored a bill that criminalizes sexual relations between K-12 teachers and students, including students over 18, as well as sexual text messages and other communications aimed at seducing a student. The bill was proposed after a 41-year-old teacher and 18-year-old high school student publicly announced that they were in a relationship.[28]

By 2014 there had been civil court rulings in California stating that minors under 18 may consent to sexual activity, even though the age of consent is 18 under state criminal law.[29] In response, in 2014 Assemblywoman Nora Campos announced that she would introduce a bill stating that under civil law a teenager cannot consent until she or he reaches 18.[30]

Colorado

The age of consent in Colorado is 17; however, there exists in the legislation close-in-age exceptions, which allow those aged 15 and 16 to engage in acts with those less than ten years older and those less than 15 to engage in acts with those less than four years older. A 17-year-old may not, however, consent to sex with a person who is in a position of trust with respect to the person under the age of eighteen. C.R.S. 18-3-405.3.

C.R.S. 18-3-402(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if: ... (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim;

Notwithstanding the age of consent, however, for purposes of child prostitution offenses in Colorado, a "child" means a person under the age of eighteen years. C.R.S. 18-7-401(2). Reasonable mistake of age, or similarity in age, is not a defense to these offenses. C.R.S. 18-7-407. All child prostitution offenses are class three felonies (class one felonies are capital offenses, class two felonies include second degree murder). So, while it is not a crime for a 17-year-old to have non-commercial sex with a 60-year-old in Colorado, it is a serious crime punishable by four to twelve years in prison for an 18 year old to engage in any sexual act, or to present at a "place of prostitution" with an intent do so, for money or any other thing of value with a seventeen-year-old with the reasonable belief that the minor was eighteen years old. C.R.S. 18-7-406. The same conduct, entered into with an eighteen-year-old and without a belief that the prostitute was under eighteen years of age, would be a misdemeanor. C.R.S. 18-7-205. Persons under the age of eighteen are also children for the crime of inducing or coercing someone to have sex or to have sexual conduct with another for the voyeur's gratification, or to expose themselves to another for the voyeur's sexual gratification, C.R.S. 18-3-404(1.5), and the crime of trafficking in children, C.R.S. 18-3-502.

There is a marriage exception to both Colorado's statutory rape law, C.R.S. 18-3-402, the crime of sexual assault upon a child by a person in a position of trust, C.R.S. 18-3-405.3, and Colorado's child prostitution laws. However, while Colorado law does recognize common law marriages entered into when both spouses are eighteen years of age or older, it does not recognize common law marriages entered into in Colorado or elsewhere after September 1, 2006, when one spouse is under eighteen years of age. C.R.S. 14-2-109.5.

Connecticut

The general age of consent in Connecticut is 16. This applies in most relationships.

However, if any of the following apply, then the age of consent becomes 18:

Connecticut recognizes that minors who are at least 13 can consent to sexual activity if (and only if) there is less than a 3-year age difference. For example:

However consensual, sexual intercourse within the 3-year age difference by a minor 13 through 17 years old may, upon a complaint, lead the Connecticut Superior Court to a "family with service needs" finding. See C.G.S. § 46b-120(7)(E). Such a finding would allow the Court to issue orders as it finds necessary in dealing with the matter.

Consensual sexual intercourse over the 3-year age difference (where the minor is 13 to 15 years old) would subject the older party to a charge of Sexual Assault, 2nd Degree, in violation of C.G.S. § 53a-71(a)(1). Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. See C.G.S. § 46b-127(a). A guilty verdict would result in conviction of a Class B felony sex offense, with a mandatory minimum of 9 months and maximum 20 years imprisonment. It would not matter if the older person did not know of the age difference, or if the younger person lied about age. However, if the offender is 17 years old or younger, has a clean record, and such sexual activity was consensual, Youthful Offender status (a pre-trial diversionary program that seals the court record and results in a dismissal of charges) may be granted. See C.G.S. § 54-76b to o.

Connecticut also recognizes that minors under 13 are released from criminal liability as to consensual sexual activity if (and only if) there is less than a 2-year age difference. For example:

Consensual (between minors) sexual intercourse over the 2-year age difference (where the minor is under 13 years old) would subject the older minor to a charge of Sexual Assault, 1st Degree, in violation of C.G.S. § 53a-70(a)(2). A guilty verdict would result in conviction of a Class A felony sex offense, with a mandatory minimum of 5–10 years and maximum 25 years imprisonment. Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. However, the offender would have the same chance to apply for Youthful Offender status (see Sexual Assault, 2nd Degree above) provided the criteria are met.

A juvenile offender 13 years old and younger would be charged as a "serious juvenile offender" under C.G.S. § 46b-120(12)(A). Because the charge is a sex offense, the juvenile prosecutor can request that the proceeding designated a "serious sexual offender prosecution". See C.G.S. § 46b-133d(b)-(f). Unless the juvenile waives the right to a trial by jury, the case proceeds to the regular criminal docket of the Superior Court, where the juvenile must face trial as an adult. If the juvenile agrees to the waiver, the case will proceed through the juvenile system with a bench trial.

Links to Statutes Cited (in numerical order)

Previously the Connecticut age gap was two years, not three. By 2007 there had been a proposal to increase the gap to four years to reduce the number of close-in-age statutory rape cases being prosecuted, but three years was selected as a compromise.[31]

Delaware

The age of consent in Delaware is 18, but it is legal for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30.

Title 11 § 761. Definitions generally applicable to sexual offences. (j) A child who has not yet reached his or her sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances. Crimes and Criminal Procedure, Delaware Criminal Code

§ 770. Rape in the fourth degree; class C felony. (a) A person is guilty of rape in the fourth degree when the person:...2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse.


Florida

The age of consent in Florida is 18,[32] but close-in-age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.

794.05 Unlawful sexual activity with certain minors.-- (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose Florida code, Title XLVI, Chapter 794

A new law passed in 2007 stated that persons convicted of statutory rape may be removed from the sex offender list if they were no more than four years older than their victims, had only the statutory rape offense on their records, and had victims aged 14–17.[33]

Georgia

The age of consent in Georgia is 16 and there is no close-in-age exception, though the offenses are a misdemeanor rather than a felony in cases where the perpetrator is less than 19 years of age and is no more than 4 years older than the victim.

The crime of "statutory rape" makes it illegal for a perpetrator of any age to have sexual intercourse with someone under the age of 16 that they are not married to.[34] This law specifies that a defendant cannot be convicted on the testimony of the victim alone; some other evidence must be present. This offense carries a minimum sentence of 1 year in prison, and a maximum of 20 years. If the offender is 21 years of age or older, the minimum is raised to 10 years in prison, and the offender is subject to sex offender sentencing guidelines.[35] However, if the victim is 14 or 15 years old and the actor is age 18 or younger and within 4 years of the victim's age, the crime is reduced to a misdemeanor with a maximum sentence of 1 year in prison.

The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person," as well as electronically transmit any depiction of such an act.[36] It carries a minimum sentence of 5 years and a max of 20 years in prison for a first-time offender, as well as mandatory counseling and sex offender sentencing guidelines. For repeat offenders, the minimum 10 years and the maximum is life imprisonment. This crime has the same close-in-age exception as statutory rape stated above if the victim is 14 or 15 years old and the actor is 18 or younger and within 4 years of age.

A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" (defined under state law as any act of oral sex or anal sex).[37] This crime carries a sentence of 25 years to life, and lifetime probation thereafter. However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor. This exception was added after a landmark case, Wilson v. State of Georgia occurred in 2006 and caused lawmakers to think the statute should have a close-in-age exception. At the time because of the words of the law, a 17-year-old boy was sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl.

In June 2005, a bill was proposed before the General Assembly of Georgia (USA) to raise the age of consent from 16 to 18.[38][39]

Hawaii

The age of consent in Hawaii is 16. There is however a close-in-age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older.

Previously the age of consent was 14, the lowest in the United States. Avery Chumbley, a member of the Hawaiian Senate, had made efforts to raise the age of consent.[40] The age of consent was changed to 16 by Act 1, House Bill 236, passed by the Legislature of Hawaii in 2001.[41]

Idaho

The age of consent in Idaho is 18.

Illinois

The age of consent in Illinois is 17. However, it is illegal for a person 17 or older to commit sexual acts on a person under the age of 18 if he/she has a position of authority or trust over the victim.

(720 ILCS 5/12-15) Sec. 12-15. Criminal sexual abuse. ...(c) The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.

Sec. 12-16. Aggravated Criminal Sexual Abuse. ...(d) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was at least 5 years older than the victim.

History of Illinois laws

In the early 2010s was a bill introduced in an Illinois legislative session to decriminalize sexual relationships between persons 13–16 years old and those fewer than five years older, but the bill failed to pass.[47]

In 2011 a bill was proposed that would allow persons who violated the age of consent laws and were close in age with their victims to petition a judge to be removed from the sex offender registry.[48] This bill, HB1139, was, written by Republican Party state representative Robert Pritchard.[49] An editorial in the Chicago Sun-Times argued in favor of the bill.[50] Emily McAsey, a Democrat state representative from Lockport, stated opposition to the idea, citing that she was "troubled" by the idea of a romantic relationship between a 14-year-old and an 18-year old. Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors. The bill passed the Illinois House Judiciary II Committee 4-3 in February 2011 and moved to the Illinois Senate.[49]

By 2012 Democrat state senator William Haine of Alton sponsored Senate Bill 3359 which included a provision that a person who had sex with a minor between 13 and 17 while he/she was fewer than five years older may petition to be removed from the sex offender registry after serving 10 years.[47] Haine stated that he did not want "Romeo and Juliet" offenders to be on the sex offender registry.[51]

Indiana

The age of consent in Indiana is 16.[52] A close-in-age exception allows minors 14–15 years of age to legally consent to sex with a partner who is less than 18 years old.

IC 35-42-4-9 states: "Sexual misconduct with a minor Sec. 9. (a) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony."[53] Under certain aggravating circumstances, the offense increases to a Class B felony or to a Class A felony. The law allows the actor a defense to prosecution if the victim is currently or was previously married (the absolute minimum marriageable age in Indiana is 15), although this defense does not apply in the case of violence, threats or drugs. The law also allows a defense if the actor is within 4 years of age of the younger person and the two were in an ongoing dating/romantic relationship. This is not a close-in-age exception though, but merely a defense in court. The law also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older.

The age limit rises to 18, according to IC35-42-4-7, if the actor is an adult who is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of the minor; or a child care worker for the minor; or a military recruiter who is attempting to enlist over the minor.[53]

Any person who engages in sexual intercourse with a child under 14 years of age commits a Class B felony, under IC 35-42-4-3 Child molesting. Under certain aggravating circumstances, the crime becomes a Class A felony.[53]

Iowa

The age of consent in Iowa is 16, with a close-in-age exemption for those aged 14 and 15, who may engage in sexual acts with partners less than 4 years older.

Section 709.4 states: A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances... 2(c) The other person is fourteen or fifteen years of age and any of the following are true...(4) The person is four or more years older than the other person.

Section 709.15 forbids, amongst other things, sexual contact between a school employee and a "...person who is currently enrolled in or attending a public or nonpublic elementary or secondary school, or who was a student enrolled in or who attended a public or nonpublic elementary or secondary school within thirty days of any violation..." There exist similar laws for those who provide or purport to provide mental health services {§709.15}, officers in charge of offenders and juveniles {§709.16}.

Kansas

The age of consent in Kansas is 16. K.S.A. 21-5503, 21-5504, 21-5506 and 21-5507 prohibit sexual activity with minors aged 14 and 15. K.S.A. 21-5507 allows for a lesser penalty if the minor is 14 or 15 and the offender is under 19 years old. 21-5506 covers indecent liberties with a child and aggravated indecent liberties with a child. Aggravated indecent liberties with a child is sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.[54]

As per State v. Limon (2005) the previous Kansas age of consent law, which did not apply to homosexuals, was struck down by the Kansas Supreme Court due to 2003's Lawrence v. Texas decision.

Kentucky

The age of consent in Kentucky is 16. Kentucky Revised Statutes Section 510.020 deems a person unable to consent if he or she is less than 16 years old.

In addition to the basic law regarding consent, the KRS has additional consent laws covering a variety of other situations:

Sexual abuse in the first degree is a Class D felony if the victim is 12 to 17 years old, and a Class C felony if the victim is under 12.

However, KRS 510.120(2) provides a defense to prosecutions under 510.120(1)(b) (where the actor is between ages 18 and 21) for sexual abuse in the second degree if the "victim" is at least 14 and the actor is less than 5 years older. Similarly, it is a defense to the Class B misdemeanor of "sexual abuse in the third degree" (KRS 510.130), defined as subjecting another person to non-consensual sex, if the lack of consent was due solely to incapacity by age, the "victim" is 14 or 15 years old, and the actor is under 18.

Louisiana

The age of consent in Louisiana is 17.

§80. Felony carnal knowledge of a juvenile

A. Felony carnal knowledge of a juvenile is committed when: (1) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender and when the difference between the age of the victim and the age of the offender is four years or greater; or...[55]

Maine

The age of consent in Maine is 16. Teenagers aged 14 and 15 may engage in sexual intercourse with partners who are less than 5 years older.

§254. Sexual abuse of minors 1. A person is guilty of sexual abuse of a minor if: A. The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person.

Maryland

The age of consent in Maryland is 16.(see Note #1)

Notes:

  1. An exception to the age of consent is that if a person in a "position of authority" (full-time, permanent employee) engages in any sexual contact with any minor under age 18 or victim specified above, that constitutes a sexual offense in the fourth degree.[56]
  2. An additional violation is the crime of "sexual solicitation of minor." §3-324.[60] Under this statute, it is illegal to solicit any minor under 18 (or a law enforcement officer posing as a minor) by any means (in person, by agent, online, telephone, mail, writing etc.) to commit a rape or sexual offense in the second degree,[58][59] sexual offense in the third degree,[57] or prostitution.
  3. In Maryland, sexual offense (1st & 2nd degree) and rape (1st & 2nd degree) carry the same penalty. The distinction is that a rape involves vaginal intercourse.

Massachusetts

The age of consent in Massachusetts is 16.

Section 23 of Chapter 265 of the General Laws of Massachusetts states:

"Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall... be punished..." MGL 265-23

Section 35A of Chapter 272 states:[61]

"Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished..."

However, Chapter 272, Section 4 sets another age of consent at 18 when the "victim" is "of chaste life" and the perpetrator induces them.

"Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished." MGL 272-4

Michigan

The age of consent in Michigan is 16 and there is no close-in-age exception, unless one is an authority figure in which case the age of consent is 18.

750.520d Criminal sexual conduct in the third degree; felony. Sec. 520d. (1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age and under 16 years of age...

In March 2012 the Michigan Senate passed a bill which was to prohibit sexual relations between students of any age and teachers.[62] It passed 36-2.[63]

Minnesota

The age of consent in Minnesota is 16.

If the actor is in a position of authority, the age of consent is 18. If the younger party is under the age of 13, the older party must be no more than 36 months older. If the younger party is 13, 14 or 15, the other person must be no more than 48 months older. The specifics of these laws are covered under Sections 609.34x of the Minnesota Criminal Code. Specifically sections 609.341 Definitions, 609.342 Criminal Sexual Conduct in the First Degree, 609.343 Criminal Sexual Conduct in the Second Degree, 609.344 Criminal Sexual Conduct in the Third Degree, 609.345 Criminal Sexual Conduct in the Fourth Degree, 609.3451 Criminal Sexual Conduct in the Fifth Degree, and 609.349 Voluntary Relationships.[64]

Mississippi

The age of consent in Mississippi is 16.[65]

§ 97-3-65. Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances.

(1)The crime of statutory rape is committed when:

(a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:

(i) Is at least fourteen (14) but under sixteen (16) years of age;

(ii) Is thirty-six (36) or more months younger than the person; and

(iii) Is not the person's spouse

§ 97-3-95. Sexual battery.

(1) A person is guilty of sexual battery if he or she engages in sexual penetration with:...(c) A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty-six (36) or more months older than the child...

Missouri

The age of consent in Missouri is 17.

Mistake as to the age of the victim may be a defense in some circumstances as defined in RSMo 566.020.

Statutory rape and sodomy, RSMo §§ 566.032 and 566.062 involve a victim less than 14 years of age. Statutory rape and sodomy in the second degree, RSMo §§ 566.034 and 566.064 involve a victim less than 17 years of age and an accused who is 21 years of age or older. The crime of Child molestation in the second degree, RSMo § 566.068, occurs when a victim less than 17 years of age is subject to "sexual contact".

The distinction among those crimes has led some to the false conclusion that Missouri has a close-in-age exception. Missouri has no such exception beyond the degree of crime committed.

While the statutory titles are cast in terms of Rape and Sodomy, the statutes prohibit conduct that is described as "sexual intercourse" and "deviant sexual intercourse". Those terms are defined in RSMo § 566.010.


Statutory rape, second degree, penalty. − 566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.

Statutory sodomy, second degree, penalty. 566.064. 1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who is less than seventeen years of age.

Child molestation, second degree, penalties. 566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.

Montana

The age of consent in Montana is 16.[66]

Nebraska

The age of consent in Nebraska is 16.[67][68]

28-319. Sexual assault; first degree; penalty.[67]

(1) Any person who subjects another person to sexual penetration

(a) without the consent of the victim,
(b) who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or
(c) when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age is guilty of sexual assault in the first degree.

(2) Sexual assault in the first degree is a Class II felony. The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence.

(3) Any person who is found guilty of sexual assault in the first degree for a second time when the first conviction was pursuant to this section or any other state or federal law with essentially the same elements as this section shall be sentenced to a mandatory minimum term of twenty-five years in prison.

28-319.01. Sexual assault of a child; first degree; penalty.[68]

(1) A person commits sexual assault of a child in the first degree:

(a) When he or she subjects another person under twelve years of age to sexual penetration and the actor is at least nineteen years of age or older; or
(b) When he or she subjects another person who is at least twelve years of age but less than sixteen years of age to sexual penetration and the actor is twenty-five years of age or older.

(2) Sexual assault of a child in the first degree is a Class IB felony with a mandatory minimum sentence of fifteen years in prison for the first offense.

(3) Any person who is found guilty of sexual assault of a child in the first degree under this section and who has previously been convicted

(a) under this section,
(b) under section 28-319 of first degree or attempted first degree sexual assault,
(c) under section 28-320.01 before July 14, 2006, of sexual assault of a child or attempted sexual assault of a child,
(d) under section 28-320.01 on or after July 14, 2006, of sexual assault of a child in the second or third degree or attempted sexual assault of a child in the second or third degree, or
(e) in any other state or federal court under laws with essentially the same elements as this section, section 28-319, or section 28-320.01 as it existed before, on, or after July 14, 2006, shall be guilty of a Class IB felony with a mandatory minimum sentence of twenty-five years in prison.

(4) In any prosecution under this section, the age of the actor shall be an essential element of the offense that must be proved beyond a reasonable doubt.

Nevada

The age of consent in Nevada is 16.

NRS 200.364 Definitions. As used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires: ... 3."Statutory sexual seduction" means: (a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or (b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

New Hampshire

The age of consent in New Hampshire is 16. But a close-in-age exception exists where a person may "engage in sexual penetration" with a person older than 13 but younger than 16 but only if their age difference is three years or less. However, if the partner is acting "in loco parentis", e.g. as a teacher or a guardian, the minimum age is 18. NH Criminal code Section 632-A:3 and Section 632-A:2

New Jersey

The age of consent in New Jersey is 16.

There is an exception. If the victim is less than 18 and the partner is a parent, guardian, sibling or any other person closer than a fourth cousin or has any type of authority over the victim (for example, a teacher) then the assailant may be charged with a crime. For instance, it's criminal for a manager of any age to have sex with a 17-year-old subordinate, even if the sex is consensual.

State law specifies (by not saying anything) that minors between 13 and 15 years old may, in general, engage in a consensual sexual relationship with someone up to four years older. Therefore, for example, it is legal for a 14-year-old male or female to engage in consensual sex with a person up to 18 years of age.

Specifically, NJ state law details three circumstances of sexual assault under which the age of consent is pertinent.

For aggravated sexual assault (a crime of the first degree), a person must have committed sexual penetration (that is, intercouse, oral or anal sex or something inserted) while either (1) the victim was under 13 or (2) the assailant exercised some legal or occupational authority over the victim who was between 13 and 15. (All other conditions for aggravated sexual assault do not impact the NJ age of consent.)

Simple sexual assault (a crime of the second degree) is defined in two ways.

First, a person must have committed sexual contact (that is, intentional touching of intimate parts for sexual gratification) while the victim was under 13 and the assailant was over four years older. Or, second, a person must have committed sexual penetration (defined above under aggravated sexual assault) while not using force and either (1) the victim was 16 or 17 and one of the following conditions was true:

(a) the assailant was a third cousin or closer OR
(b) the assailant exercised some authority over the victim OR
(c) the assailant was a legal guardian in the household of the victim

or (2) the victim was between 13 and 15 and the assailant was over four years older. (All other conditions for simple sexual assault do not impact the NJ age of consent.)

For more information, see the actual NJ statutes at N.J.S.A. 2C:14-2.

In a period before 1979 the age of consent was raised to 16. In May 1979 the New Jersey Legislature passed a bill sponsored by Christopher Jackman, the assembly speaker, changed the age of consent to 13. This bill was scheduled to go into effect on September 1, 1979. By June 1979 there were reports Governor of New Jersey Brendan T. Byrne had refused to sign the bill into law. The coordinator for New Jersey Majority Women, Elizabeth Sadowski, asked for a postponement of this bill.[69]

New Mexico

The age of consent in New Mexico is 17 with age-gap, marital, and school employee provisions.

New Mexico Code > Chapter 30 > Article 9 > Section 30-9-11: Criminal sexual penetration.

"F. Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration:

(1) not defined in Subsections C through E of this section perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child; or:

(2) perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.

Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony."[70]

New York

The age of consent in New York is 17.

The offense will be more serious depending on relative ages, thus:

"Sex," as used above, refers to the four conspicuous types of sexual acts, including "sexual intercourse", "oral sexual conduct" (both types), and "anal sexual conduct." The latter three acts were known by statute as "deviant sexual intercourse" prior to 2003.

Non-intercourse sexual activity is also regulated based on age. Non-intercourse sexual activity, called "sexual contact" is defined as "any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing." (NY Penal Law § 130.00[3].) If the person is underage such "sexual contact" can constitute the crime of "sexual abuse."

Certain defenses

It is not a defense that the perpetrator believed the victim was older than is later proven. (NY Penal Law § 15.20[3]).

Legally recognized marriage is a defense. (NY Penal Law § 130.10[4].)

The only minimum age for a perpetrator of first degree rape/criminal sexual act with a victim under 11 (NY Penal Law §§ 130.35[3] & 130.50[3]), sexual abuse in the first and second degrees (NY Penal Law §§ 130.65[3] & 130.60[2]), and misdemeanor sexual misconduct (NY Penal Law § 130.20) is provided by the defense of infancy found at NY Penal Law § 30.00(1). That age is 16 years old. Someone under that age may be adjudicated a juvenile delinquent, but may not commit these crimes. On the other hand, someone who is 16 years old commits a crime by voluntarily having sex with anyone who cannot themselves legally consent to sex, including another 16-year-old, even if this "victim" is actually older. (People v. Bowman, 88 Misc. 2d 50; 387 N.Y.S.2d 982 [City Crim. Ct. 1976]; Matter of Jessie C., 164 A.D.2d 731; 565 N.Y.S.2d 941 [4 Dept., 1991].) In effect, mutual crimes are committed when two unmarried 16-year-old individuals voluntarily have sex with each other in New York State, each being the "victim" of the other.

Other crimes

It appears that the crime of "Predatory sexual assault against a child," a class A-II felony, effectively subsumes all instances of "statutory" first degree rape/criminal sexual act where the victim is under 13 (NY Penal Law §§ 130.35[4], 130.50[4]) and the perpetrator over 18. (NY Penal Law § 130.96.) Thus, any person who commits one of these lesser offenses would necessarily commit the greater offense of "Predatory sexual assault against a child." (See, People v. Lawrence, 81 A.D.3d 1326; 916 N.Y.S.2d 393 [4 Dept. 2011].)

There are other special offenses, namely "Course of sexual conduct against a child in the first degree" and "Course of sexual conduct against a child in the second degree" that punish sex with an underage person combined with an additional illegal sexual act during wide time period. These do not subject a person to more punishment than the crimes listed above but provide only a gimmick for prosecutors to avoid the requirement that an individual sex act be specified in a rape indictment. (See, People v. Beauchamp, 74 N.Y.2d 639; 539 N.E.2d 1105 [1989].)

(Note that "violent felonies" are specified by NY Penal Law § 70.02. Actual "violence" is irrelevant.)

New York Penal Law Article 130

North Carolina

The age of consent in North Carolina is 16. However, certain exceptions to this general rule exist.

No employee of a K-12 school can have any sexual activity with any student at that school except when married to the person {§14‑27.7}; this is a felony unless the actor is less than 4 years older than the student and is not a teacher, administrator, student teacher, safety officer, or coach. This prohibition covers adults and students who were at the school at the same time, and continues in force as long as the younger person is a student at any K-12 school, regardless of age.

Any sexual intercourse with a person under 16 years of age is prohibited unless the defendant is less than 4 years older than the victim except when married to the person {§14‑27.2, 14‑27.4 & 14‑27.7A}.

§ 14‑27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.

(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.

(b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person.

North Carolina General Statutes Chapter 14

North Dakota

The age of consent in North Dakota is 18.

12.1-20-03. Gross sexual imposition - Penalty.

1.A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if ... the victim is less than fifteen years old

Section 12.1-20-05 of the code refers to sexual acts between adults and teenagers aged 15, 16 and 17:

12.1-20-05.Corruption or solicitation of minors.

  1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older.
  2. An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony.

Ohio

The age of consent in Ohio is 16 as specified by Section 2907.04 of the Ohio Revised Code. However, there exists a close-in-age exception where a minor 13 or older can consent to sex as long as their partner is less than 18 years old.

2907.04 Unlawful sexual conduct with minor.
(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. {§ 2907.04}.

It is illegal for a person of any age to have sex with a child beneath 13 years of age who they are not married to.

2907.02 (A) 1. No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender when any of the following applies...

(b) the other is person is less than thirteen years of age, whether or not the offender knows the age of the other person {§ 2907.02}.

However, the preceding statute, Section 2907.03, specifies that sexual conduct between anyone under 18 and a teacher, administrator, or coach of the school they attend, a cleric, or other person in authority, is punishable as a felony of the third degree.

2907.03 Sexual battery.
(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:
(5) The offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
(8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.
(9) The other person is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.
(12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric. {§ 2907.03}

{§ 2907.03}

Ohio law also contains a rule against importuning, which means a perpetrator of any age sexually soliciting a minor over the internet if the minor is under the age of 13, or in the case of a perpetrator 18 years of age or older, sexually soliciting any minor who is under the age of 16. {§ 2907.07}

In 1989 Donald Edgar Lukens was prosecuted under the misdemeanor charge "contributing to the delinquency and unruliness of a child" for having sex with a 16-year-old girl.[71] At the time he was 58 years old, and he received a 30-day jail sentence.[72][73]

Oklahoma

The age of consent in Oklahoma is 16.[74][75] A close-in-age exemption applies if the minor was over the age of 14 and the actor was age 18 or younger.[76]

An employee of a school system who has sexual conduct with a student of that school system aged between 16 and 18 may face criminal charges in Oklahoma.[77]

Oregon

The age of consent in Oregon is 18. Sexual offenses are defined under the Oregon Revised Statutes Chapter 163. With regards to age only, the following offenses are defined.

18: Consent for all laws. (ORS 163.345 – ORS 163-425)
Under 18: Defined as Sexual Abuse 3 (Class A Misdemeanor)
Under 16: Defined as Rape 3 / Sodomy 3 (Class C Felony)
Under 14: Defined as Rape 2 / Sodomy 2 (Class B Felony)
Under 12: Defined as Rape 1 / Sodomy 1 (Class A Felony)

Additionally, Oregon has a three-year rule defined under ORS 163.345. However, this does not apply to Rape 1, or Sodomy 1, effectively limiting the age to 12. However, a person can still be charged with Sexual Misconduct (Class C Misdemeanor) under ORS 163.445, if the victim was under 15 years old.

Pennsylvania

The age of consent in Pennsylvania is 16 years of age for sexual consent.[22][78][79] The age of consent was previously 18 but it was lowered to 16 in 1995.[80]

There is also a corruption of minors statute against adults corrupting the morals of minors under 18 years of age.[78] However, the corruption of minors statute only applies to perpetrators 18 years of age and older, so it is always legal for minors 16-17 to have sex with each other but not always with a partner 18 or older. Pennsylvania prosecutors use this law against adults who have consensual intercourse with 16- and 17-year-olds, and it would count as a misdemeanor offense. In 2005 JoAnne Epps, a former prosecutor and Temple University Beasley School of Law dean of academic affairs, stated that the corruption of minors charge is considered to be a separate crime from that of statutory rape; she stated that the consideration of whether a minor is consenting to sexual activity is a separate issue from whether someone is corrupting the minor's morals.[22]

Teenagers aged 13, 14 and 15 may or may not be able to legally engage in sexual activity with partners who are less than 4 years older. Such partners could not be prosecuted under statutory rape laws, but may be liable for other offenses, even when the sexual activity is consensual.[81]

In December 2011 the Pennsylvania Legislature passed an amendment stating that an employee of a school who engages in sexual relations with any student or athletic player under the age of 18 may receive a third-degree felony charge. In 2014 Governor of Pennsylvania Tom Corbett signed into law an amendment making this law apply to athletic coaches who work outside of an educational setting. Historically Pennsylvania prosecutors were only allowed to issue misdemeanor charges such as corruption of minors against teachers and coaches who had sex with 16 and 17-year-old students.[82] In addition to the corruption of minors charge, Pennsylvania prosecutors have also brought child endangerment charges against schoolteachers who had sex with 16 and 17-year-old students.[83]

Pennsylvania legal codes

Under Pennsylvania law, a defendant is strictly liable for the offense of rape, a felony of the first degree, when the complainant is 12 or younger. Pennsylvania has enacted several other strict liability sexual offenses when the complainant is under 16, but 13 years old or older.

§ 3122.1. Statutory sexual assault.

Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.

§ 3125 Aggravated indecent assault

(7) the complainant is less than 13 years of age; or (8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. (b) Aggravated indecent assault of a child.--A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

§ 3123 Involuntary deviate sexual intercourse

(7) who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

When the alleged victim is 16 or older and less than 18 years of age, and the alleged offender is over the age of 18, the Commonwealth may charge the offense of corruption of minors or unlawful contact with a minor, even if the activity was consensual:

§ 6301 Corruption of minors.

(a) Offense defined.-- (1) Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, commits a misdemeanor of the first degree.

The crime of corruption of minors is usually a crime that accompanies another "more serious" crime such as statutory rape or involuntary deviate sexual intercourse or accompanies some drug or alcohol use, possession or sale. Tending to corrupt like contributing to delinquency is a broad term involving conduct toward a child in an unlimited variety of ways which tends to produce or to encourage or to continue conduct of the child which would amount to delinquent conduct."[84]

The question of whether consensual intercourse with a minor 16 years or older tends to corrupt the morals of that minor is a jury question to be decided by the "common sense of the community."[84]

§ 6318. Unlawful contact with minor.

(a) Offense defined.--A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth: (1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses). (2) Open lewdness as defined in section 5901 (relating to open lewdness). (3) Prostitution as defined in section 5902 (relating to prostitution and related offenses). (4) Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances). (5) Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children). (6) Sexual exploitation of children as defined in section 6320 (relating to sexual exploitation of children).

Rhode Island

The age of consent in Rhode Island is 16. Sexual intercourse with a minor aged 14 or 15 by an actor 18 or older is third degree sexual assault, sexual intercourse with a minor under the age of 14 by an actor of any age is child molestation. However, there is a close-in-age exception that allows people aged 16–17 to have sex with a minor aged 14 or 15, but not younger.

§ 11-37-6 Third degree sexual assault. – A person is guilty of third degree sexual assault if he or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.[85] § 11-37-8.1 First degree child molestation sexual assault. – A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.[86]

South Carolina

The age of consent in South Carolina is 16 .

SECTION 16-3-651. Criminal sexual conduct: definitions...(h) "Sexual battery" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.

SECTION 16-3-655. Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders. (B) A person is guilty of criminal sexual conduct with a minor in the second degree if:...(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense.

SECTION 16-15-140. Committing or attempting lewd act upon child under sixteen. It is unlawful for a person over the age of fourteen years to willfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.[87]

South Dakota

The age of consent in South Dakota is 16 and there is no close-in-age exemption, although if the perpetrator is within three years of age of the victim or is under 18 the penalties are reduced.

22-22-1. Rape defined—Degrees—Felony. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:...(5)If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.

22-22-7. Sexual contact with child under sixteen—Felony or misdemeanor. Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

22-22-7.3. Sexual contact with child under sixteen years of age—Violation as misdemeanor. Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor.

Tennessee

The age of consent in Tennessee is 18. A close-in-age exemption allows minors aged 13–17 to engage in sexual acts with partners less than 4 years older. Penalties differ depending on the age of the minor, as well as the age difference between the minor and the offender. (see Article 39-13-506. Statutory rape).[88]

Texas

There are two laws concerning age of consent in Texas:[6] one sets the age of consent at 18.[23]

The age of consent in Texas is 18 under section 43.25(b) of title 9,[89] with a two-year close-in-age exception. This crime requires proof of inducement. However, inducement does not require threat, promise of payment or any specific incentive, or even verbal persuasion to be proven.

Some confusion arises regarding the applicability of section 43.25 to mere "sexual conduct", due to the section title "sexual performance by a child" and other provisions that seem to suggest that the intention of this section is to criminalize commercial sexual performances by a minor. However, in Summers v. State, 11-92-057-CR, 845 S.W.2d 440 (1992) the judge dismisses the appellant's argument that the legislative intent of the statute was to apply only to sexual performance as defined by section 43.25(a)(1).

If the victim is under the age of 17 (subject to a three-year close-in-age exception), then underage sexual conduct can also be prosecuted (without requiring proof of inducement) under section 21.11 of title 5. Sex with a child under the age of 14 is considered aggravated sexual assault Section 22.021(a.2.B).

Section 21.12 further prohibits all sexual contact between an employee of a school (including educators) and a student enrolled at the primary or secondary school and/or school district where said employee works (unless the student is the employee's spouse). No age is specified by the statute (thus, even if the student has reached the age of consent, it is still a violation), and violations are a second degree felony. Persons convicted under 21.12 do not have to register as sex offenders. The law exists to prevent scenarios where a teacher or employee coerces a student into a sexual relationship in exchange for higher grades or other favors.[90]

In 2003 Helen Giddings, a Democrat member of the Texas House of Representatives, first authored the anti student-teacher sex bill but only intended for it to into effect if the student is 17 or younger. Warren Chisum of Pampa removed the maximum age from the bill.[90] The bill was passed in 2003. Shortly after the law passed, a teacher engaged in sexual intercourse with her 18-year-old student, and a Texas court refused to indict her.[62] In 2011 an amendment made it so that a teacher is forbidden from having sexual relations with any student in his/her school district, not just his/her school. Afterwards criminal prosecutions of teachers in relationships with students going to other schools in the same school district, including teachers of other educational levels, began occurring. In response to this law, Houston lawyer Dick DeGuerin stated "Unless there’s real strong evidence of a teacher trading sex for grades or using improper influence, then it’s a statute that is really open to abuse."[90]

Utah

The age of consent in Utah is 18. However, it is legal for minors aged 16 and 17 to engage in sexual activity with partners less than 7 years older, and between 7 and 10 years older if the partner reasonably didn't know the minor's age.[91]

76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old.

(1) As used in this section, "minor" means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in Subsection (2) occurred.

(2)

(a) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting to an offense listed under Subsection (3), a person who is:
(i) seven or more years older but less than 10 years older than the minor at the time of the sexual conduct engages in any conduct listed in Subsection (2)(b), and the person knew or reasonably should have known the age of the minor; or
(ii) 10 or more years older than the minor at the time of the sexual conduct and engages in any conduct listed in Subsection (2)(b).
(b) As used in Subsection (2)(a), "sexual conduct" refers to when the person:
(i) has sexual intercourse with the minor;
(ii) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant;
(iii) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant; or
(iv) touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the actor or another person, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.

76-5-401. Unlawful sexual activity with a minor—Elements—Penalties—Evidence of age raised by defendant.

(1) For purposes of this section "minor" is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.

(2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor:

(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or
(c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.

(3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less than four years older than the minor at the time the sexual activity occurred, in which case it is a class B misdemeanor.

Vermont

The age of consent in Vermont is 16.

Title 13 V.S.A. § 3252.[92]

Sexual assault:

§3252(c) No person shall engage in a sexual act with a child who is under the age of 16, except:

  1. where the persons are married to each other and the sexual act is consensual; or
  2. where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.

However it rises to 18 if the person is related to the minor or in a position of authority over him.

(d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild.

Virginia

The age of consent in Virginia is 18 (if the delinquency of a minor law is included),[93][94] with a close-in-age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than 18.

The state code defines felony statutory rape as crimes against those under 15, while having sex with 15 through 17 year olds would be prosecuted as a misdemeanor,[95] "contributing to the delinquency of a minor."[93]

Section § 18.2-63 of the Code refers to minors younger than 15, while § 18.2-371 is about 15-, 16- and 17-year-olds.

Section 18.2-63 states in part:

"If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of ... felony ... For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse, and animate and inanimate object sexual penetration."

Consensual sex where one partner is 15, 16 or 17 and the other is over 18 is a class 1 misdemeanor.

§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant. Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor.'

As of 2013 the state was attempting to prosecute a 47-year-old man who had oral sex with a 17-year-old girl with a "crimes against nature" law, an anti-sodomy which forbids people from engaging in anal and oral sex and makes these acts a felony offense. The 47 year-old had been convicted under a misdemeanor offense and his lawyers did not challenge that conviction.[95] In addition, the man had to serve one year in prison and register as a sex offender due to the sodomy charge. In March 2013 the U.S. Court of Appeals overturned the sodomy conviction, saying it was unconstitutional according to the 2003 Lawrence v. Texas decision. Attorney General of Virginia Ken Cuccinelli asked the U.S. Supreme Court to do a rehearing, arguing that the state's sodomy laws may still constitutionally apply to 16 and 17 year olds. Dalia Lithwick of Slate stated that this scenario would cause problems for homosexual teenagers.[96] In October of that year the Supreme Court denied the petition.[97]

Washington

The age of consent in Washington is 16.

It is also illegal to engage in sexual acts with someone younger than 18 under three different sets of circumstances, enumerated in RCW 9A.44.096. Foster parents with their foster children; school teachers and school administration employees over their students (including, as interpreted by the Washington State Supreme Court, students up to age 21[98]); The third set of circumstances require all of the following situations occur in tandem: The older person is 60 months or more older than the 16- or 17-year-old, the person is in a significant relationship as defined by RCW 9A.44.010, and such older person abuses the relationship to have sexual contact.

There are also three exceptions for people close in age.

Several have reported that the immoral communication with a minor statute exists and places the age of consent at 18 due to the inability to "communicate" to 16- and 17-year-olds about sexual activity. These reports are incorrect. The Washington Court of Appeals, Division 1 decided in the case of State v. Danforth, 56 Wn. App. 133, 782 P.2d 1091 (1989) that such communication has to be for the purposes of committing an illegal act under RCW Chapter 9.68A. Danforth's conviction was overturned by that ruling. However, the Washington Supreme Court in the case of State v. McNallie, 120 Wn.2d 925, 846 P.2d 1358 (1993) overturned the scope of the Danforth ruling (though not the result; Danforth would have still had his conviction overturned under the McNallie standard), applying the communication statute to encompass all sexual misconduct with a minor, not just those under RCW Chapter 9.68A, which deal mostly with illegal child pornography and prostitution. Due to these cases, it is clear that communications with 16- and 17-year-olds just for general sexual activity is legal, as long as such conduct discussed is not about illegal conduct or would be illegal in real life (such as the teacher/student circumstance, the foster parent/foster child circumstance, the significant relationship abuse circumstance, or asking for illegal pictures or attempting to bring such younger persons into prostitution).

A state statute makes it illegal for a teacher and a "minor" student defined as "at least sixteen years old." The Washington State Supreme Court ruled that this policy affects all high school students up to 21 years of age, which under state law is the age cap for enrollment in high school.[98]

West Virginia

The age of consent in West Virginia is 16.[99]

§61-8B-5. Sexual assault in the third degree.

(a) A person is guilty of sexual assault in the third degree when:

(2) The person, being sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to the defendant.

Wisconsin

The age of consent in Wisconsin is 18 and there is no close-in-age exception. There is, however, a marital exception which allows a person to have sex with a minor 16 or older if they are married to the minor. If the minor is below 16 both sexual intercourse and any sexual contact are a felony; sexual intercourse with a minor 16-17 by a perpetrator who is not married to the minor is a class a misdemeanor. However, Wisconsin has a child enticement law that prohibits people of any age from taking people under 18 to a private area such as a room and exposing a sex organ to them or having the minor expose their sex organ to them. This is a class B or C felony.[100] 948.09 Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor.

948.02 Sexual assault of a child. (...) (2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.

If the minor is below 16 marriage to the minor by the accused is not a defense.

948.02(4) Marriage not a bar to prosecution. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.[101]

Sexual intercourse with a child younger than 13 carries the highest penalties, it is a Class B felony. 948.02 (e) Whoever has sexual contact with a child who has not attained the age of 13 years is guilty of a class b felony.[101]

Wisconsin law contains an unusual provision making it a class f felony for a person responsible for a child under the age of 16 years such as a parent to not prevent their child from having sexual contact with another person if it was realistically possible for them to do so and they were aware that the other person intended to have sex with their child. (3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.[102]

Child Enticement. Section 948.07, Wisconsin Statutes, prohibits causing or enticing a child into any vehicle, building, room, or secluded place with the intent to: commit an act of first or second-degree sexual assault; cause the child to engage in prostitution; expose a sex organ to the child or cause the child to expose a sex organ; or take pictures or make audio recordings of the child engaging in sexually explicit conduct (Class BC felony).

Wyoming

The age of consent in Wyoming is 17.

6‑2‑304. Sexual assault in the third degree. (a) An actor commits sexual assault in the third degree if, under circumstances not constituting sexual assault in the first or second degree: (i) The actor is at least four (4) years older than the victim and inflicts sexual intrusion on a victim under the age of sixteen (16) years...

The age of consent in Wyoming was thought by some to be 16, as stated above by Section 6‑2‑304. However, in the cases of Pierson v. State and Moore v. State, the Wyoming Supreme Court held that sexual activity with minors aged 16 or 17 could be charged under Section 14-3-105 of Wyoming Statutes. That statute was repealed in 2007 and re-codified as Section 6-2-316, which provides, in pertinent part as follows:

6-2-316. Sexual abuse of a minor in the third degree. (a) Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if: ... (iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor.

Territorial laws

American Samoa

It is an offense in American Samoa to engage in sexual acts with a person under the age of 16.[103]

Guam

The age of consent in Guam is 16.

§ 25.25. Third Degree Criminal Sexual Conduct.[104]

(a) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:

(1) that other person is at least fourteen (14) years of age and under sixteen (16) years of age

(...)

Northern Mariana Islands

The age of consent in Northern Mariana Islands is 18.[105]

Puerto Rico

The age of consent in Puerto Rico is 16.[106]

Article 142.- Sexual Assault.- Any person who performs sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental under any of the following circumstances shall incur a second degree felony:

(a) When the victim has not attained the age of sixteen (16) years at the time of the commission of the crime

(...)

Article 144.- Lewd Acts.- Any person who without the intention to consummate the crime of sexual assault described in Article 142 submits another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the accused, under any of the following circumstances hereinbelow, shall incur a third degree felony.

(a) When the victim has not attained the age of sixteen (16) years at the time of the commission of the crime

(...)

United States Virgin Islands

Paraphrasing Virgin Islands Code: V.I.C. § 1700-1709 Virgin Islands Code and appeals records Francis vs. VI NOTE: "mistake of fact as to the victim's age is not a defense". The age of consent is 18. There is however a close-in-age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over.

Article § 1700. Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under 13. Sexual acts with minors are aggravated by the use of force, intimidation, or the perpetrator's position of authority, and by the fact that the minor, being under 16 and not the perpetrator's spouse, is residing in the same household as the perpetrator.(see Article § 1700, Article § 1702, Article § 1708).

Other relevant articles of the criminal code are:

(a) Any person over 18 years of age who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is at least 16 years but less than 18 years of age, and the perpetrator is 5 years or older than the victim, is guilty of rape in the second degree and shall be imprisoned not more than 10 years.

Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court

"Sexual contact", that is, non-penetrative sex, defined as "the intentional touching of a person's intimate parts, whether directly or through clothing, to arouse or to gratify the sexual desires of any person" is not permitted with children under 16, but a close-in-age exemption allows those aged at least 13 to engage in such acts with partners under 18.

A person who engages in sexual contact with a person not the perpetrator's spouse— (..)(2) when the other person is under thirteen years of age;

A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year

United States Minor Outlying Islands

Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Palmyra Atoll and Wake Island, are under the jurisdiction of the US Federal Government Department of the Interior, as part of the Pacific Remote Islands Marine National Monument. As such, all US Federal laws regarding age of consent would be applicable.

Midway Atoll is under the jurisdiction of the US Federal Government Department of the Interior (administered as a National Wildlife Refuge). As such, all US Federal laws regarding age of consent would be applicable.

See also

Notes

  1. ↑ Even though a person may legally consent to sexual activity with someone of any age older than him/her once he/she turns 16, Pennsylvania state prosecutors may still charge a person 18 or older with corruption of a minor, a misdemeanor offense, if a person has consensual sexual intercourse with a 16 or 17 year old[22] - See the section about Pennsylvania for further information
  2. 1 2 Texas has two statutes: chapter 22 of title 5 defines the age of consent as 17, but section 43.25 of title 9 criminalizes causing a minor under 18 to engage in a sexual performance[23] - See the section about Texas for further information

References

Reference notes

  1. ↑ http://www.law.cornell.edu/supct/pdf/02-102P.ZO
  2. ↑ "85898 - State v. Limon - Luckert - Kansas Supreme Court". Kscourts.org. Retrieved 16 February 2011.
  3. ↑ ""Age of Consent Laws," in Children and Youth in History, Item #230". Stephen Robertson. Retrieved 4 October 2012.
  4. ↑ "Children and Youth in History". gmu.edu.
  5. ↑ "Campaign to Raise the Legal Age of Consent, 1885-1914, Lesson Plan". alexanderstreet.com.
  6. 1 2 3 4 5 6 Volokh, Eugene. "Statutory rape laws and ages of consent in the U.S." (Archive). Washington Post. May 1, 2015. Retrieved on September 11, 2015.
  7. ↑ Urbina, Ian. "The Challenge of Defining Rape" (Archive). The New York Times. October 12, 2014. Retrieved on September 11, 2015.
  8. 1 2 Smith and Kercher, p. 7.
  9. ↑ Smith and Kercher, p. 8.
  10. ↑ Smith and Kercher, p. 10.
  11. 1 2 3 4 Smith and Kercher, p. 11.
  12. ↑ Higdon, Michael J. "Queer Teens and Legislative Bullies: The Cruel and Invidious Discrimination Behind Heterosexist Statutory Rape Laws" (Archive). UC Davis Law Review, University of California, Davis. Vol. 42, p. 195-253. 2008. Retrieved on September 13, 2015.
  13. ↑ United States v. Dhingra, which discusses the fact of incorporation of state criminal law into violation of 2422(b), specifically California statute, where Dhingra resided and committed the acts.
  14. ↑ Posner, Richard (1996). A Guide to America's Sex Laws. The University of Chicago Press. p. 45. ISBN 0-226-67564-5. The case cited is Michael M. v. Superior Court, 450 U.S. 464 (1981).
  15. ↑ "The US Federal Age of Sexual Consent". SOL Research. Retrieved 10 August 2012.
  16. ↑ "Child Pornography Sentences". famm.org.
  17. ↑ "USDOJ: CRM: Child Exploitation and Obscenity Section". justice.gov.
  18. ↑ See, e.g., United States v. Poulin, 631 F.3d 17, 20–21 (1st Cir. 2011)(sexually explicit photographs or video for "personal use" still constitutes production of child pornography); United States v. Fore, 507 F.3d 412, 415 (6th Cir. 2007)(lesser offense of possession does not require distribution or an intent to distribute to a third party); United States v. Burgess, 576 F.3d 1078, 1102 (10th Cir. 2009)(lesser offense of possession does not require distribution or an intent to distribute to a third party); United States v. Holston, 343 F.3d 83, 85–86 (2d Cir. 2003)(the crime may be established without a showing of economic benefit of any kind to the defendant); United States v. Williams, 553 U.S. 285, 296 (2008) ("[I]n much Internet file sharing of child pornography each participant makes his files available for free to other participants.")
  19. ↑ See United States v. Richardson, 238 F.3d 837, 839 (7th Cir. 2001) (Posner, J.).
  20. ↑ "DC Code §22". Moraloutrage.net. 25 October 2010. Retrieved 16 February 2011.
  21. ↑ "Age Of Consent By State". Age-of-consent.info. Retrieved 10 August 2012.
  22. 1 2 3 Boyer, Barbara. "Chester sex case points up questions A high school administrator has been charged with two misdemeanors. Experts say the issues are not clear-cut." (Archive). Philadelphia Inquirer. April 9, 2005. Retrieved on August 4, 2015. "Wilson's arrest highlights confusing questions about sexual relations between youths who are of the age of legal consent at 16 and adults. Sex with a minor younger than 16 is considered statutory rape." and "In Pennsylvania, prosecutors turn to broader laws, such as corrupting the morals of a minor, that are not as clearly defined." and "JoAnne Epps, dean of academic affairs at Temple University's Beasley School of Law, said that even though a teenager can legally consent to sex[...]"[...]but that's irrelevant in determining whether a person is guilty of corrupting the morals of a minor.""
  23. 1 2 Carter, Stephen L. "'Transformers' Rape Joke Gets Even Less Funny" (Archive). Bloomberg View. July 14, 2014. Retrieved on September 11, 2015.
  24. ↑ Norman-Eady, Sandra, Christopher Reinhart, and Peter Martino. "STATUTORY RAPE LAWS BY STATE." Government of Connecticut. April 14, 2003. 2003-R-0376. Retrieved on September 18, 2015.
  25. 1 2 3 Palmer, Brian. "What's "Unlawful Sexual Intercourse"?" (Archive). Slate. September 28, 2009. Retrieved on September 18, 2015.
  26. ↑ Smith and Kercher, p. 13.
  27. ↑ Donovan, Patricia. "Can Statutory Rape Laws Be Effective in Preventing Adolescent Pregnancy?" (Archive). Guttmacher Institute. Family Planning Perspectives Volume 29, Number 1, January/February 1996. Retrieved on February 19, 2015. ""One of the most disturbing things about [the] exploding [rate of] teen pregnancy is that so many of the fathers are...men, 26 and 28 years old, having sex with 14-year-old girls," declared California Gov. Pete Wilson. "We've got to enforce statutory rape laws.""
  28. ↑ Dreier, Hannah. "Student-Teacher Dating Would Become A Felony Under California Bill" (Archive). Associated Press at Huffington Post. March 27, 2012. Retrieved on September 18, 2015.
  29. ↑ "Criminal Law Says Minors Can't Consent — But Some Civil Courts Disagree" (Archive). National Public Radio. November 16, 2014. Retrieved on September 18, 2015.
  30. ↑ Rosenhall, Laurel. "Los Angeles teacher sex case prompts bill on age of consent" (Archive). Sacramento Bee. December 1, 2014. Retrieved on September 18, 2015.
  31. ↑ Gramlich, John. "New laws take 'Romeo' into account" (Archive). Stateline.org, Pew Research Center. Monday July 16, 2007. Retrieved on September 19, 2015.
  32. ↑ "Statutory Rape: A Guide to State Laws and Reporting Requirements." United States Department of Health and Human Services. Retrieved on November 4, 2014. "Florida[...]A child under 16 years of age cannot consent to sexual activity, regardless of the age of the defendant.[189] A child who is at least 16 years of age and less than 18 years of age cannot consent to sexual activity if the defendant is 24 years of age or older." and "Pennsylvania[...]Sexual intercourse with someone less than 13 years of age is illegal regardless of the age of the defendant.[641] Sexual intercourse with someone at least 13 years of age and less than 16 years of age is illegal unless the defendant is less than four years older than the victim or is the victim’s spouse."
  33. ↑ "Man shed sex offender status under new 'Romeo and Juliet' law" (Archive). Associated Press at Tampa Bay Online. Saturday June 13, 2009. Retrieved on September 18, 2015.
  34. ↑ "§ 16-6-3 - Statutory rape:: 2010 Georgia Code". Retrieved 18 July 2011.
  35. ↑ "§ 17-10-6.2 - Punishment for sexual offenders:: 2010 Georgia Code". Retrieved 18 July 2011.
  36. ↑ "§ 16-6-4 - Child molestation; aggravated child molestation:: 2010 Georgia Code". Retrieved 18 July 2011.
  37. ↑ "§ 16-6-2 - Sodomy; aggravated sodomy; medical expenses:: 2010 Georgia Code". Retrieved 18 July 2011.
  38. ↑ "hb722.html". Legis.state.ga.us. 1 July 2005. Archived from the original on August 4, 2009. Retrieved 10 August 2012.
  39. ↑ "Georgia General Assembly - HB 722". Legis.ga.gov. Archived from the original on July 22, 2012. Retrieved 10 August 2012.
  40. ↑ Donnelly, Christine. "Hawaii’s age of consent is too low, advocates say" (Archive). Honolulu Star-Bulletin. Friday, August 25, 2000. Retrieved on November 4, 2014.
  41. ↑ "REPORT OF THE AGE OF CONSENT TASK FORCE" (Archive). State of Hawaii Department of the Attorney General. Retrieved on November 4, 2014. p. i (PDF p. 6/79). Submitted to The Twenty-Second State Legislature Regular Session of 2003 Pursuant to Act 1, Second Special Session, SLH 2001.
  42. ↑ "Idaho Statutes - 18-6101". Archived from the original on 30 July 2010. Retrieved 28 July 2010.
  43. ↑ "Idaho Statutes - 18-6104". Archived from the original on 26 July 2010. Retrieved 28 July 2010.
  44. ↑ "Idaho Statutes - 18-1508". Archived from the original on 31 July 2010. Retrieved 28 July 2010.
  45. ↑ "Idaho Statutes - 18-1508A". Archived from the original on 31 July 2010. Retrieved 28 July 2010.
  46. ↑ "Idaho Statutes - 18-1506". Archived from the original on 31 July 2010. Retrieved 28 July 2010.
  47. 1 2 Yeagle, Patrick. "Reformers: sex offender mandate would hurt Illinois" (Archive). Illinois Times. Thursday April 19, 2012. Retrieved on September 18, 2015.
  48. ↑ "Illinois 'Romeo And Juliet' Law Would Take Young Sex Offenders Off Registry" (Archive). Huffington Post Chicago. March 2, 2011. Retrieved on September 18, 2015.
  49. 1 2 Hess, Hannah. "Illinois bill would pare sex offender list" (Archive). St. Louis Post-Dispatch. February 28, 2011. Retrieved on September 18, 2015.
  50. ↑ "Take Romeo off sex offender list." Chicago Sun-Times. February 28, 2011. Retrieved on September 18, 2015.
  51. ↑ Wall, Tobias. "Report: Keep juvenile sex offenders off registries." The State Journal-Register. March 25, 2014. p. 2 (Archive). Retrieved on September 18, 2015.
  52. ↑ "Indiana Code 35-42-4". p. 438. Retrieved 9 June 2011.
  53. 1 2 3 "Indiana Code 35-42-4". In.gov. Retrieved 10 August 2012.
  54. ↑ "Kansas Statutes 21-5503, 21-5504, 21-5506 and 21-5507". 2012. Retrieved September 10, 2013.
  55. ↑ "RS 14:80 — Felony carnal knowledge of a juvenile :: Title 14 - Criminal law :: 2012 Louisiana Laws :: Louisiana Laws :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 16 January 2013.
  56. 1 2 Sexual offense in the fourth degree. Maryland Code, Criminal Law §3-308.
  57. 1 2 3 Sexual offense in the third degree. Maryland Code, Criminal Law §3-307.
  58. 1 2 Sexual offense in the second degree. Maryland Code, Criminal Law §3-306.
  59. 1 2 Rape in the second degree. Maryland Code, Criminal Law §3-304.
  60. ↑ Sexual solicitation of minor. Maryland Code, Criminal Law §3-324.
  61. ↑ "General Laws". malegislature.gov.
  62. 1 2 Gordon, Claire. "Lawmakers Move To Bar Teachers From Having Sex With Students." AOL News. March 27, 2013. Retrieved on August 8, 2013.
  63. ↑ Murray, Dave. "Teachers prohibited from having sex with students of any age under bill approved by Michigan Senate." MLive. March 20, 2012. Retrieved on August 8, 2013.
  64. ↑ These laws have been translated into layman's terms at the child sexual abuse prevention website YouCanStopItNow.org.
  65. ↑ "§ 97-3-65. Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances.". LexisNexis.com. Retrieved 18 February 2008.
  66. ↑ Go To Top ». "What is the Montana Legal Age of Consent for 2012?". Age-of-consent.info. Retrieved 10 August 2012.
  67. 1 2 "Nebraska Legislature". nebraskalegislature.gov.
  68. 1 2 "Nebraska Legislature". nebraskalegislature.gov.
  69. ↑ "Sadowski asks penal code delay" (Archive). The Daily Register (Shrewsbury, New Jersey). Friday June 15, 1979. Volume 101, No. 303. p. 4. Retrieved on May 18, 2015.
  70. ↑ "2006 New Mexico Code - Section 30-9-11 — Criminal sexual penetration. - New Mexico Section 30-9-11 — Criminal sexual penetration. :: Justia - US Laws, Codes, Statutes & Cases - Justia". Law.justia.com. Retrieved 16 February 2011.
  71. ↑ Harding, David. "Lukens found guilty." United Press International (UPI) at The Bryan Times. Saturday May 27, 1989. Volume 41, No. 125. p. 1. Retrieved from Google News.
  72. ↑ "Rep. Lukens Gets 30 Days for Sex With Minor" (Archive). Associated Press at The New York Times. July 1, 1989. Retrieved on May 16, 2015.
  73. ↑ "State v. Lukens, 66 Ohio App. 3d 794 - Ohio: Court of Appeals 1990." Available at Google Scholar. See "CONTRIBUTING TO THE UNRULINESS OR DELINQUENCY OF A CHILD" phrasebook from the Ohio Office of the Public Defender.
  74. ↑ "Oklahoma Statutes §21-1111. Rape defined". Retrieved 10 August 2012.
  75. ↑ "Age of Consent in Oklahoma - Oklahoma Legal Group". oklahomalegalgroup.com.
  76. ↑ "Oklahoma Statutes §21-1112. Age limitation on conviction for rape". Retrieved 10 August 2012.
  77. ↑ Kuruvilla, Carol. "English teacher avoids jail after cops nab her in hotel room with 17-year-old student" (Archive). New York Daily News. Sunday March 29, 2014. Retrieved on October 5, 2014. "The age of consent in Oklahoma is 16. But because Queen was the teenager’s teacher, different rules apply. According to state laws, a sexual act is considered rape if the victim is a student between 16 and 18 years of age and the suspect is an employee of the student’s school system."
  78. 1 2 Smerconish, Michael. "The Pulse: Coming forward on abuse helps the community" (Archive). Philadelphia Inquirer. August 5, 2011. "There are no statutory-rape charges pending as the age of consent in the commonwealth is 16."
  79. ↑ Anastasia, George. "D.A. to fight ruling on Rinick sex tape A judge said reporters were entitled to view it. Prosecutors said four women's privacy rights must be protected." (Archive). Philadelphia Inquirer. August 5, 2011. Retrieved on August 6, 2015. "Rinick's lawyer in that case, Nino Tinari, said yesterday that the charges were downgraded to corrupting the morals of minors after Rinick produced videotapes that indicated the girls took part in consensual sex. (The age of consent in Pennsylvania for sex is 16.)"
  80. ↑ Elizabeth, Jane. "State ranks low with school sex abuse law." Pittsburgh Post-Gazette. Saturday May 31, 2003. Retrieved on August 4, 2015. "The age of consent in Pennsylvania is 16 years old -- reduced in 1995 from 18 years old."
  81. ↑ e.g. § 6318. Unlawful contact with minor (does not require the offender to be over the age of 18) or § 6301. Corruption of minors (requires the offender to be over the age of 18)
  82. ↑ Finley, Ben. "Corbett signs law targeting predatory youth coaches" (Archive). Philadelphia Inquirer. June 20, 2014. Retrieved on September 15, 2015.
  83. ↑ Martin, Josh P. "Lower Merion High teacher suspended in student-romance allegation." Philadelphia Inquirer. January 5, 2011. Retrieved on August 6, 2015. "Pennsylvania law sets the age of consent for sex at 16, although prosecutors in some counties have brought child endangerment and corruption-of-minors charges against teachers who have had relationships with 16- and 17-year-old students."
  84. 1 2 "''See Commonwealth v. Decker'', 26 Pa. D. & C. 4th 157 (1995)". Scholar.google.com. Retrieved 16 February 2011. - The "common sense of the community" comes from section 161.
  85. ↑ "11-37-6". Rilin.state.ri.us. Retrieved 10 August 2012.
  86. ↑ "11-37-8.1". Rilin.state.ri.us. Retrieved 10 August 2012.
  87. ↑ "South Carolina Bench Book for Summary Court Judges - Crimes and Offenses Section". Sccourts.org. Retrieved 10 August 2012.
  88. ↑ "LexisNexis® Custom Solution: Tennessee Code Research Tool". lexisnexis.com.
  89. ↑ "156 S.W.3d 859 (2005) John Perry DORNBUSCH, Appellant, v. The STATE of Texas, Appellee. No. 13-02-700-CR. Court of Appeals of Texas, Corpus Christi-Edinburg. January 27, 2005. Rehearing Overruled March 24, 2005.." " It is uncontested that Dornbusch was substantially older than V.V. Also, as an educator at her high school, Dornbusch was in a position of authority over V.V." and "We conclude that a scenario such as this, where a person of authority creates a situation in which a teenager would find it almost impossible to deny a sexual advance, can be fairly considered to constitute inducement in the common understanding of the term." and "We hold that the statute was not impermissibly vague as applied to Dornbusch's conduct. The statute forbids inducement of sexual conduct by a child under eighteen years of age, and according to the State's evidence, Dornbusch did exactly that: he induced (he used persuasion and influence to bring about) V.V.'s sexual conduct."
  90. 1 2 3 Lomax, John Nova. "A Closer Look at the Texas High School Student-Teacher Sex Epidemic" (Archive). Texas Monthly. February 4, 2015. Retrieved on September 14, 2015.
  91. ↑ "Utah State Legislature". utah.gov. 76-5-401.2 Unlawful sexual conduct with a 16- or 17-year-old
  92. ↑ "The Vermont Statutes Online". Leg.state.vt.us. 26 May 2006. Retrieved 16 February 2011.
  93. 1 2 Schulte, Brigide. "An Age-Old Cultural Divide." Washington Post. Sunday March 20, 2005. Page LZ21. Online p. 1 (Archive). "In Virginia, the age of consent is 18."
  94. ↑ Chandler, Michael Alison. "Laws on child sex abuse in schools." Washington Post. July 24, 2010. Retrieved on September 17, 2015.
  95. 1 2 Sheppard, Kate. "More on Cuccinelli's Defense of Virginia's Anti-Sodomy Law" (Archive). Mother Jones. Thursday April 4, 2013. Retrieved on September 17, 2015. "While that might be seen as creepy, in Virginia, the age of consent is 15 years old."
  96. ↑ Lithwick, Dahlia. "Ken Cuccinelli’s Sodomy Obsession" (Archive). Slate. August 7, 2013. Retrieved on September 17, 2015.
  97. ↑ Marcotte, Amanda. "Ken Cuccinelli Loses Bid to Re-Ban Sodomy" (Archive). Slate. October 8, 2013. Retrieved on September 18, 2015.
  98. 1 2 Clark-Flory, Tracy. "Student-teacher sex: When is it OK?." Salon. November 20, 2010. Retrieved on December 25, 2013.
  99. ↑ webmaster@wvlegislature.gov. "West Virginia Code". Legis.state.wv.us. Retrieved 10 August 2012.
  100. ↑ "Wisconsin Legislature: Subch. III of ch. 944 Title". Docs.legis.wisconsin.gov. Retrieved 10 August 2012.
  101. 1 2 "Wisconsin Legislature: 948.02". Docs.legis.wisconsin.gov. 1 August 2012. Retrieved 10 August 2012.
  102. ↑ "Wisconsin Legislature: 948.02". Docs.legis.wisconsin.gov. 1 August 2012. Retrieved 10 August 2012.
  103. ↑ http://www.asbar.org/index.php?option=com_content&view=category&id=750&Itemid=172
  104. ↑ Archived October 18, 2011, at the Wayback Machine.
  105. ↑ http://www.cnmilaw.org/frames/Commonwealth%20Code.html
  106. ↑ http://www.oslpr.org/english/PDF/penal%20code.pdf

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