Age of consent laws for heterosexual
sex Worldwide
The
ages of consent in
North America for
sexual activity vary by
jurisdiction.
The age of
consent in Canada
is 16 and
all US
states set their limits between 16 and
18.
The ages of consent in the countries of
Central America range from 15 to 18.
The age of
consent in Mexico
is
complex. Typically, Mexican states have a "primary" age of
consent (which may be as low as 12), and sexual conduct with
children below that age is always illegal. Sexual relations between
adults and teenagers are left in a legal gray area: laws against
adults "corrupting" minors may be used sometimes to punish such
sexual encounters, as well as laws against engaging in sexual
relations with "chaste and honest" teenage girls by means of
"seduction". These laws are situational and are subject to
interpretation.
Overview
The age of consent is the age at or above which a person is
considered to have the legal capacity to consent to sexual
activity. Both partners must be of legal age to give consent,
although exceptions may exist when both partners are within a
certain number of years in age. Persons below the age of consent
may not, by law, give consent, and sexual relations involving such
persons may be punished by criminal sanctions similar to those for
rape or sexual assault. Non-violent sexual contact with persons
under the age of consent may be punished as "statutory rape" or a
similar legal term.
Historically, the age of consent applied to male-female
relationships;
homosexual
relationships were often illegal in themselves regardless of the
ages. Modern laws have explicitly recognized different
relationships, but the circumstances may affect the legal status,
and there may be multiple "ages" that apply in any jurisdiction.
For instance, different ages may apply if the relationship is
homosexual, or if the sexual contact is other than
vaginal intercourse. Also, different ages
may apply if one partner is in a position of power or authority
over the other (e.g., a teacher-student relationship).
Bahamas
In the
Bahamas
, the age of
consent for opposite-sex activity is 16 and the
age of consent for same-sex activity is 18.
Since 1991 homosexuality was legalized. However, "public
homosexuality" is an offense that carries a 20 year jail term
without parole.
Art. 16
11. (1) Any person who has unlawful sexual intercourse with any
person being
of or above fourteen years of age and under
sixteen years of age, whether with or without the consent
of the person with whom he had unlawful sexual intercourse, is
guilty of an offence and liable to imprisonment for life subject
to, on a first conviction for the offence, a term of imprisonment
of seven years and, in the case of a second or subsequent
conviction for the offence, a term of imprisonment of fourteen
years.
[286540]
Further reading:
Belize
In
Belize
, the age of consent is 16 for all
heterosexuals. Since 2003, homosexuality has been
re-criminalized (regardless of age)
[286541]
The legislation reads:
Criminal Code [CAP. 101]
[286542]
"Every person who (a) unlawfully and carnally knows any girl who is
of or above the age of fourteen years but under the age of
sixteen years (...) shall be guilty of an offence and on
conviction thereof be imprisoned for a term which shall not be less
than five years nor more than ten years."
- Section 53. "Unnatural Crime"
“Every person who has carnal intercourse against the order of
nature with any person or animalshall be liable to imprisonment for
ten years.”
Bermuda
In
Bermuda
, the age of consent is 16 for
heterosexual and female homosexual acts, while the age of consent
for male homosexual acts is maintained at
18.
Male
homosexual acts were decriminalized in Bermuda since 1994
where the above conditions were set .
Canada
The
Tackling Violent Crime Act took effect on 1 May 2008,
making the current age of consent
16.
There exist two
close in age
exemptions, depending on the age of the younger partner. A
youth of twelve or thirteen can consent to sexual activity with an
individual no more than two years older than them. A fourteen- or
fifteen-year-old can consent to sexual activity with a partner who
is no more than five years older than them.
[286543]
Although
Canada is a federation, the
criminal law (including the
definition of the age of consent) is in the exclusive jurisdiction
of the federal government, so
the age of consent is uniform throughout Canada. Section 151
of the Criminal Code of Canada makes it a crime to touch, for a
sexual purpose, any person under the age of 16 years. Section 153
then goes on to prohibit the sexual touching of a person under 18
by a person in three circumstances: if he or she is in a "position
of trust or authority" towards the youth, if the youth is in a
"relationship of dependency" with him or her, or if the
relationship is "exploitative". The term "position of trust or
authority" is not defined in the Code but the courts have ruled
that parents, teachers, and medical professionals hold a position
of trust or authority towards youth they care for or teach. For
determining whether or not a relationship is "exploitative", s. 153
(1.2) of the Code provides that a judge can consider how old the
youth is, the difference in ages between the partners, how the
relationship evolved, and the degree of control or influence that
the older partner has over the youth.
The "position of trust under 18" anti-exploitation rules was
expanded in 2005 by
Bill C-2 where a judge
may choose to term a situation to be sexual exploitation based on
the age of the younger party, age difference, evolution of the
relationship (how it developed, e.g.: quickly and secretly over the
Internet), the control or influence over the young person (degree
of control or influence the other person had over the young
person). This passed before the 2008 amendments, and they were not
repealed so they are still in effect and can apply towards adults
in these situations with young persons over the age of consent and
under 18 (16-17).
Where an accused is charged with an offence under s. 151 (Sexual
Interference), s. 152 (Invitation to sexual touching), s. 153(1)
(Sexual exploitation), s. 160(3) (Bestiality in presence of or by
child), or s. 173(2) (Indecent acts), or is charged with an offence
under s. 271 (Sexual assault), s. 272 (Sexual assault with a
weapon, threats to a third party, or causing bodily harm), or s.
273 (Aggravated sexual assault) in respect of a complainant under
the age of fourteen years, it is not a defense that the complainant
consented to the activity that forms the subject-matter of the
charge.
Anal intercourse
Section 159 of the Criminal Code sets the age of consent for anal
intercourse at 18 years, with an exception if the two partners are
married. However, courts in Ontario (1995) and Quebec (1998) have
independently declared Section 159 of the Criminal Code of Canada
(Anal Intercourse) unconstitutional.
History
During the 19th century, the age of consent for heterosexual
vaginal sex was 12, in 1890, the Parliament raised the age of
consent to 14. The punishment for anyone who had sexual intercourse
with a child younger than 14 was
life
imprisonment and
whipping,
while the punishment for anyone who only
attempted to
seduce an underage girl was two years' imprisonment and whipping.
Canada had also laws against "seducing" minor girls who were over
the age of consent. In 1886, a law was enacted which made the
"seduction" of a girl over 12 and under 16 "of previously chaste
character" a criminal offence; the "seduction" of a female under 18
"under promise of marriage" was also made illegal in 1886, and
amended in 1887 to apply to females under 21. After the raising of
the age of consent to 14, the laws against "seducing" minor girls
were amended to apply to those older than 14, and various laws of
this kind have remained in force through the 20th century. The age
of consent was raised from 14 to 16 in the spring of 2008, when the
Tackling Violent Crime Act became effective. The age of
consent for anal sex still remains 18 under section 159, and the
new measures still allow for close in age exceptions between 12 and
16: if there is no more than a two year gap for those 12 and 13, or
a five year gap for those 14 and 15.
Female homosexuality was never illegal in the former British
colonies; oral sex was legalized in 1969 with the same age of
consent as vaginal sex and anal sex was also legalized in 1969, but
with a higher age of consent being set at 21, under section 159;
then in 1988 the age of consent for anal sex was lowered to 18. As
of 2008 there are no plans to repeal section 159, even though it
has been ruled unconstitutional in some places of Canada.
Further reading
Costa Rica
In
Costa
Rica
under the Penal Code of 2004, the age of
consent is 15, regardless of sexual orientation
and/or gender.
El Salvador
In
El
Salvador
, the age of
consent is 18, regardless of sexual orientation
and/or gender.
Guatemala
In
Guatemala
, the age of consent is 18,
regardless of sexual orientation and/or gender.
Honduras
In
Honduras
, the age of consent is 15,
regardless of sexual orientation and/or gender.
Mexico
In
Mexico, the age at which there are no restrictions for
consensual sexual activities is 18, while the
minimum age of consent varies between 12 and 18,
according to state laws. In Mexico, criminal legislation is
shared between the federal and state governments. The Federal law
establishes the age of 12 as the minimum age at which states can
legislate upon; however there may be local
state
laws that override the federal law. In practice though,
the decision as to whether or not to prosecute is left to state
authorities regardless of the younger person's age.
Federal Law
Article 261 of the
Federal Criminal Code (PDF) states that:
”Whoever,
without the purpose of reaching copulation, performs a sexual act
in a person under 12 or in a person that has no capacity of
understanding the meaning of the act or that for any reason cannot
resist, or demands that the act is performed, will be punished with
a term of 2 to 5 years in prison”. If the offender uses moral
or physical violence, an extra half term is added to the initial
time.
Article 266 refers to the previous article 265, which covers the
rape of adults in general and establishes a
term of 8 to 14 years in prison for sex obtained through physical
or moral violence. Article 266 then states that:
"It is
equivalent to rape and will be punished with the same penalty: (1st
Clause) – who without violence performs a copulation with a person
under 12”. The 3rd Clause of this article punishes with the
same penalties also “the vaginal or anal introduction of objects,
without violence and with lascivious goals”, in a person under 12
or in a person that has no capacity of understanding the meaning of
the fact, or for any reason cannot resist. If any of the
aforementioned acts is performed with physical or moral violence,
the sentence is raised in up to a half.
A further article, 266 Bis, determines an extra penalty of up to a
half under certain circumstances – (a) when there are multiple
offenders; (b) when the offense is committed by a parent, legal
guardian, stepfather or “companion” (
amasio) of the
mother; (c) when there is an abuse of
authority of someone as a
civil servant; (d) when the crime is committed
by a person who has the minor under his or her
custody, guard or education, or yet through
the abuse of trust.
There is another crime in Article 262 for
consented sex
with adolescents aged 12 to 18, when consent is obtained
through
deceit. The penalty is 3 months to
4 years in prison. This crime, however, is only prosecuted through
a
complaint of the minor or his/her
parents or legal guardians, as determined in Article 263.
Further reading:
Local laws
The age of consent is:
- puberty in: Nayarit
, Querétaro
- 12
in: Aguascalientes
, Baja California Sur
, Campeche
, Coahuila
, Chiapas
, Guanajuato
, Guerrero
, Hidalgo
, Jalisco
, Federal
District
, Morelos
, Oaxaca
, Puebla
, San Luis
Potosí
, Sonora
, Tabasco
, Tamaulipas
, Yucatán
, Zacatecas
- 13
in: Nuevo
León
- 14
in: Baja
California
, Colima
, Chihuahua
, Durango
, Quintana
Roo
, Sinaloa
, Tlaxcala
, Veracruz
- 15
in: Mexico
State
- 18
in: Michoacán
(as of August 2006)
All Mexican states (as well as Mexico City) have Corruption of
Minors statutes that can, upon complaint of the family (or minor),
be used to punish sexual relations with persons under eighteen. It
should be noted that while actual prosecutions for violations of
Corruption of Minors statutes (and age of consent statutes in
general) tend to be sporadic, regional, and very situation
dependent, many Mexican states nonetheless classify Corruption of
Minors as a "Delito Grave" (Grave Crime) in their penal
codes.
Additionally, all the states have "Estupro" laws that can, upon
complaint of the family (or minor female), be used to prosecute
adults who engage in sexual intercourse with "chaste" and "honest"
females under eighteen by means of "seduction" or deceit (such as
the false promise of marriage).
In some Mexican jurisdictions prosecutors have chosen to prosecute
consensual sexual activity involving adults and underage minors
only upon custodial complaint.
Federal District
The age
of consent in the Federal District (Mexico City) is 12, one of the lowest in the
world, and the overall criminal legislation of Mexico’s capital is
close to that of the federal law regarding this subject, although
tougher in some aspects – higher penalties and broader
definitions.
According to the
Estatuto del Gobierno del Distrito Federal (PDF)(in
Spanish) (Government Statute of the Federal District),
Article 42, Clause XII, the District’s Legislative Assembly has
powers to legislate in
criminal
law.
Article 175 of the
Federal District Crimianl Code refers to the
previous Article 174, which stipulates a term of 6 to 17 years of
prison for the
rape of adults, while defining
copulation as “the introduction
of the
penis in the
human
body through the
vagina,
anus or
mouth”. Article 175
(
violación) then states that:
"It is equivalent to
rape and will be punished with the same penalty: (1st Clause)
–
who performs a copulation with a person under 12 years of age
or with a person that has no capacity
of understanding the meaning of the act or that for any reason
cannot resist”; The 2nd Clause defines as committing the same
crime whoever “introduces in the vagina or anus any element,
instrument or any part of the human body different from the penis”,
in relation to these same persons.
Article 177 covers “
sexual abuse” and
punishes other acts referred as “unintentional” acts –“who without
purpose of reaching copulation, performs a sexual act with a person
under 12 or a person that has no capacity of understanding the
meaning of the act or that for any reason cannot resist it, or that
demands that such act is observed or performed, will be punished
with 2 to 7 years in prison”.
In both Articles (175 and 177), there is an extra half term in case
of physical or moral violence. And according to Article 178, there
is also a punishment of an extra two thirds of the
term under the same circumstances foreseen in Article
266 Bis of the Federal Law (see above), added by two new
circumstances – (clause V) when the victim is inside a private
vehicle or a
public service
vehicle; and (clause VI) when the crime is committed in a
desert or isolated place.
There is a crime called
estupro stipulated in Article 180,
which refers to
consented sex with adolescents
aged 12 to 18, when consent is obtained through
any means
of
deceit. The penalty is 6 months to 4
years of prison. This crime needs a complaint (
querella)
to be prosecuted.
There is a Corruption of Minors statute (Article 184) that can be
used to punish by imprisonment, for seven to twelve years, adults
who engage in sexual relations with persons under eighteen. This
situation exists all over Mexico, and can be prosecuted upon
complaint of the family or the child.
Nicaragua
In
Nicaragua
, the age of consent in Nicaragua is
18, regardless of sexual orientation and/or
gender.
Panama
In
Panama
, the age of
consent is 18, regardless of sexual orientation
and/or gender.{[fact}}
United States
The
United States
of America is a
federal republic where the age of
consent laws are made at the state
level. There exist several
federal statutes
related to protecting children 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 US states and territories under a US
Supreme Court decision called
Lawrence
v. Texas (between
non-commercial, consenting adults in a private bedroom). In
Limon v. Kansas (2005), the Kansas Supreme Court used
Lawrence as a precedent to overturn the state's "Romeo and Juliet"
law, which proscribed lesser penalties for heterosexuals than
homosexuals convicted of similar age of consent related offenses .
There is ongoing advocacy for a uniform age of consent. One
proposal would make the national age of consent
18. If a state has an age of consent below the
federal limit, 10% of federal education funds would be withheld.
Thus far, Congress has not considered this or any other proposal to
change the status quo. However there is a common misconception
among many Americans that there is a federal limit at 18, but that
is false, as the age limit in most states is in fact below 18.
There are
some claims that this is due to most American
television media being produced in southern California, so writers
(and viewers by extension) would be primarily familiar with only
one state's penal code (see below.)
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 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.
{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 only seems to apply 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. 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."
The Assimilative Crimes Act ( ) 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 the
relevant state's age of consent is higher than the federal age of
consent, the higher age applies.
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 requires evidence of force or coersion concerning
victims between the ages of twelve and sixteen years. The victim's
age being under sixteen years is also an aggravating factor
invoking harsher punishment under both Articles 120 and 125
(Sodomy, 10 U.S.C. § 925). 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 ( ).
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.
State laws
Each
US state has
its own age of consent. Currently state laws set the age of
consent at
16,
17 or
18. The most common age is 16.
- age of consent 16: Alabama, Alaska, Arkansas,
Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey,
New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode
Island, South Carolina, South Dakota, Vermont, Washington, West
Virginia
- age of consent 17: Colorado, Illinois,
Louisiana, Missouri, Nebraska, New York, Texas
- age of consent 18: Arizona, California,
Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah,
Virginia, Wisconsin, Wyoming.
These state laws are discussed in detail below.
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.
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 ....
:
- Younger minor under 13 + Elder minor
under 16 ( more than 3 years between them ) :
- Sexual contact = 4th Degree & Sexual
penetration = 3rd Degree
- Younger minor under 13 + Elder minor
above 16 :
- pornography = 2nd Degree ( younger under 16 vs. elder above 16
)
- Sexual contact = 2nd Degree ( for elder minor oneself or if
(s)he helps another person)
- Sexual penetration = 1st Degree ( for elder minor oneself or if
(s)he helps another person)
- Younger minor aged 13, 14 or 15 + Elder minor
above 16 ( more than 3 years between them ) :
- Sexual contact = 3rd Degree
- Sexual penetration = 2nd Degree ( for elder minor oneself or if
(s)he helps another person)
- pornography = 2nd Degree ( younger under 16 vs. elder above 16
)
- Minor under 16 + partner above
18 (civil majority) if cohabitant with authority or
position of authority :
- Sexual contact = 2nd Degree & Sexual
penetration = 1st Degree.
- Minor under 18 + parent or guardian
above 18 :
- Sexual contact = 2nd Degree & Sexual
penetration = 1st Degree
Indecent Exposure :
-
- with masturbation, in front of
minor under 16 = Indecent Exposure in the 1st Degree (Class C
Felony)
- simply, in front of minor under 16 = Indecent Exposure in the
2nd Degree (Class A misdemeanor)
- simply, in front of above 16 = Indecent Exposure in the 2nd
Degree (Class B misdemeanor).
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 at court.
Arizona Revised Statute 13-1405(A)
13-1407 (Defenses)
- B. It is a defense to a prosecution pursuant to sections
13-1404 and 13-1405 in which the victim's lack of consent is based
on incapacity to consent because the victim was fifteen, sixteen or
seventeen years of age if at the time the defendant engaged in the
conduct constituting the offence the defendant did not know and
could not reasonably have known the age of the victim.
- D. It is a defense to a prosecution pursuant to section 13-1404
or 13-1405 that the person was the spouse ( legally married AND cohabiting) of the other
person at the time of commission of the act...
- F. It is a defense to a prosecution pursuant to section 13-1405
if the victim is fifteen, sixteen or seventeen years of age, the
defendant is under nineteen years of age or attending high school
and is no more than twenty-four months older than the victim and
the conduct is consensual.
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="" more="" than="" 20="" years="" old.="" Under="" 18,=""
the="" younger="" must="" not="" be="" less="" 14,="" or="" if=""
so,="" there="" is="" defense="" minor="" 4="" above="" 12,="" 3=""
under="" 12.="" Sexual="" intercourse="" of="" and="" 14=""
rape.=""></18)>
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)
- (1) Being twenty (20) years of age or older, engages in sexual
intercourse or deviate sexual activity with another person who is:
- (A) Less than sixteen (16) years of age; and
(B) Not the person's spouse; or
- (2) Engages in sexual contact with another person who is:
- (A) Less than sixteen (16) years of age; and
(B) Not the person's spouse.
(b)
- (1) Sexual assault in the fourth degree under subdivision
(a)(1) of this section is a Class D felony.
- (2) Sexual assault in the fourth degree under subdivision
(a)(2) of this section is a Class A misdemeanor if the person
engages only in sexual contact with another person as described in
subdivision (a)(2) of this section.
California
The age of consent is
18, with a misdemeanor if
the minor has 3 or fewer years of difference with the major.
Penalties increase if the minor is under 16 and the major is above
21 or if the minor is more than 3 years younger.
Texts :
- California Penal Code - Part 1. of crimes and
punishments -
- Title 9. of crimes against the person involving sexual assault,
and crimes against public decency and good morals
- Chapter 1. Rape, abduction, carnal abuse of children, and
seduction. - Section 261.5.
- (a) Unlawful sexual intercourse is an act of sexual intercourse
accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age and older.
- (b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a
misdemeanor.
- (c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding
one year, or by imprisonment in the state prison.
- (d) Any person 21 years of age or older who engages in an act
of unlawful sexual intercourse with a minor who is under 16 years
of age is guilty of either a misdemeanor or a felony, and shall be
punished by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison for two, three, or four
years.
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.
However a 17-year-old can not legally consent to person that is in
position of trust.
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;
Colorado Revised Statutes website
Connecticut
The age of consent is
16.Between 13 and 16, it is
a positive defense against the sexual encounter, if the age
difference is less than 3 years.
But if the actor of abuse has authority or influence (and is above
20), the consent age is 18.
For most offenses, there is a worse felony or misdemeanor
classification if the minor is under 16.
General statutes of Connecticut - Title 53a.
Penal code - Chapter 952. Offenses.
- Sections 53a-70 to 53a-73a.
Sec. 53a-71. Sexual
assault in the second degree: Class C or B felony.
[286544](a) A person is guilty of sexual
assault in the second degree when such person engages in sexual
intercourse with another person and: (1) Such other person is
thirteen years of age or older but under sixteen years of age and
the actor is more than three years older than such
person;'
Section 53a-73a. Sexual assault in the
fourth degree: Class A misdemeanor or class D
felony.
(a) A person is guilty of sexual assault in the fourth degree
when:...(6)
such person is a school employee and subjects
another person to sexual contact who is a student enrolled in a
school in which the actor works or a school under the jurisdiction
of the local or regional board of education which employs the
actor;
or (7) such person is a coach in an
athletic activity or a person who provides intensive, ongoing
instruction and subjects another person to sexual contact who is a
recipient of coaching or instruction from the actor and (A) is a
secondary school student and receives such coaching or instruction
in a secondary school setting,or (B) is under eighteen years of
age;
or (8) such person subjects another person to sexual contact
and (A) the actor is twenty years of age or older and stands in a
position of power, authority or supervision over such other person
by virtue of the actor's professional, legal, occupational or
volunteer status and such other person's participation in a program
or activity, and (B) such other person is under eighteen years of
age.
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.
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.
Florida
The age
of consent in Florida
is 18, 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
Georgia
The age
of consent in Georgia
is 16 as specified by Section 16.6.3 of the Criminal Code of Georgia.
Also stated in the Criminal Code of Georgia 16.6.3 subsection (c),
if a person is "at least 14 but less than 16 years of age and the
person convicted of statutory rape is 18 years of age or younger
and is no more than four years older than the victim, such person
shall be guilty of a misdemeanor."
Hawaii
Idaho
The age
of consent in Idaho
is
18.
18-1508A. SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN
YEARS OF AGE - PENALTY. (1)It is a felony for any person
at
least five (5) years of age older than a minor child who
is
sixteen (16) or seventeen (17) years of age,
who, with the intent of arousing, appealing to or gratifying the
lust, passion, or sexual desires of such person, minor child, or
third party, to: (a) Commit any lewd or lascivious act or acts upon
or with the body or any part or any member thereof of such minor
child including, but not limited to, genital-genital contact,
oral-genital contact, anal-genital contact, oral-anal contact,
manual-anal contact or manual-genital contact, whether between
persons of the same or opposite sex, or who shall involve such
minor child in any act of explicit sexual conduct as defined in
section 18-1507, Idaho Code...
Also, Idaho law considers any sexual intercourse between an adult
man and a girl younger than 18 to be rape:
18-6101. RAPE DEFINED. Rape is defined as the penetration, however
slight, of the oral, anal or vaginal opening with the perpetrator's
penis accomplished with a female under any one (1) of the following
circumstances: 1. Where the female is under the age of eighteen
(18) years...
Illinois
The age
of consent in Illinois
is 17. It is also illegal
for a person 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 victimwho 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.
Indiana
The age
of consent in Indiana
is 16.
IC 35-42-4-9Sexual misconduct with a minorSec. 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. However, the offense is:(1) a Class B felony if it is
committed by a person at least twenty-one (21) years of
age...
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}.
Iowa's "banishment law"
Iowa Code lookup.
Iowa: further
reading:
Kansas
The age
of consent in Kansas
is
16. K.S.A. 21-3503, 21-3504, 21-3505 and
21-3522 prohibit sexual activity with minors aged 14 and 15.
21-3504. Aggravated indecent liberties with a child.(a) Aggravated
indecent liberties with a child is: (1) Sexual intercourse with a
child who is
14 or more years of age but less than 16
years of age.
Kentucky
The age
of consent in Kentucky
is 16. Section
510.020 of the Kentucky Revised Statutes deems a person unable
to consent if he or she is less than 16 years old. It is a
defense however if the "victim" is at least 14 and
the actor is less than 5 years older
{510.130(b)}.
Additionally, under
510.120(d) it is "sexual abuse in the second degree,"
a Class A misdemeanor, for a person over 21 to have sex with anyone
under 18 for whom he or she provides a foster home.
Louisiana
The age
of consent in Louisiana
is 17.
§80. Felony carnal knowledge of a juvenileA. Felony carnal
knowledge of a juvenile is committed when:(1) A person who is
nineteen years of age or older has sexual
intercourse, with consent, with a person who is
twelve
years of age or older but less than seventeen years of
age, when the victim is not the spouse of the offender; or...
§80.1. Misdemeanor carnal knowledge of a juvenileA. Misdemeanor
carnal knowledge of a juvenile is committed when a person who is
seventeen years of age or older but less than nineteen
years of age has sexual intercourse, with consent, with a
person who is
fifteen 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 age of the offender is
greater than two
years.
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 minors1. 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. An exception is made
when the actor is less than four years older than the victim.
- If the victim is 14 or 15 and actor 21 or
older, the actor is guilty of a sexual offense in the third
degree if they engage in vaginal intercourse or other sex acts
(including oral sex). If the actor is under 21 years old, but still
more than 4 years older, the crime is lowered to sexual offense
in the fourth degree.
- If the victim is 13 or younger and the actor
more than 4 years older, and they engage in a sex act (which
includes oral, and other acts but not intercourse) they are guilty
of a sexual offense in the second degree. If they engage
in vaginal intercourse, the crime is elevated to rape in the
second degree.
One notable exception is if someone in a "position of authority"
engages in a sexual act with a
minor (defined as
under the age of
18 in state law), he or she may
be guilty of
sexual offense in the fourth degree as
specified by Maryland Code § 3-308.
Another unusual exception is the crime of "Sexual solicitation of
minor." (§ 3-324). In this law, it is illegal to solicit a person
under 18 (or a law enforcement officer posing as
such) via various communication methods to violate the
aforementioned statutes on minimum age,
or for purposes of
prostitution. In the case of the later,
the minor can be 16 or 17 (over the age of consent) but the actor
would still be in violation of this statute.
Massachusetts
The age
of consent in Massachusetts
is 16, as specified by Chapter
265, Section 23 of the General Laws of Massachusetts, which
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
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, 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...
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 victim is under the age of 13 the actor must be no more
than 36 months older. If the victim is 13, 14 or 15 the actor 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.
Mississippi
The age
of consent in Mississippi
is 16.
§ 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 child less than 14 years of age.
Statutory rape and sodomy in the second degree, RSMo §§
566.034 and
566.064 involve a child 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 child 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. [286545]
Nebraska
The age
of consent in Nebraska
is 17.
Section 28-319Sexual assault; first degree; penalty.(1) Any person
who subjects another person to sexual penetration...(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.
Debauching a minor; penalty.(1) Any person not a minor commits the
offense of debauching a minor if he or she shall debauch or deprave
the morals of any boy or girl
under the age of
seventeen years by:(a) Lewdly inducing such boy or girl
carnally to know any other person...
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. However 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. However, minors aged
13, 14 and 15 may legally engage in sexual activities with persons
up to 4 years older than them. For example, it is lawful for a
14-year-old male or female to engage in sex with a person up to 18
years of age. This also applies for 13-year-olds (up to 17),
etc.
2C:14-2. Sexual assault... c. An actor is guilty of sexual assault
if he commits an act of sexual penetration with another person
under any one of the following circumstances:... (4) The victim is
at least 13 but less than 16 years old and the
actor is
at least four years older than the
victim.
New Mexico
The age
of consent in New
Mexico
is 16.
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;
New York
The age
of consent in New
York
is 17.
The offense will be more serious depending on relative ages,
thus:
- Sex with a person under 17 is a misdemeanor if the perpetrator
is at least 16 (see infra). (“Sexual misconduct,”
NY Penal Law § 130.20.)
- Sex with a person under 17 is a Class “E” felony if the
perpetrator is at least 21. (“Rape in the third degree,” NY Penal
Law § 130.25; “Criminal sexual act in the third degree,” NY Penal
Law § 130.40.)
- Sex with a person under 15 is a Class “D” violent felony if the
perpetrator is at least 18. However, it is a defense to this charge
if an 18 year-old perpetrator proves by a preponderance that he or
she was less than four years older than the victim. This is not a
defense to any other charge that might apply, i.e., Sexual
misconduct, supra. (“Rape in the second degree,” NY Penal
Law § 130.30; “Criminal sexual act in the second degree,” NY Penal
Law § 130.45.)
- Sex with a person under 13 is a Class “B” violent felony if the
perpetrator is at least 18. (“Rape in the first degree,” NY Penal
Law § 130.35[4]; “Criminal sexual act in the first degree,” NY
Penal Law § 130.50[4].)
- Sex with a person under 11 is a Class “B” violent felony if the
perpetrator is at least 16. (“Rape in the first degree,” NY Penal
Law § 130.35[3]; “Criminal sexual act in the first degree,” NY
Penal Law § 130.50[3].)
"Sex," as used above, refers to the four conspicuous types of
sexual acts, including "sexual intercourse", and the three forms of
acts known as "deviant sexual intercourse" under the former
(pre-2003) law, now called "oral sexual conduct" (both types), and
"anal sexual conduct."
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."
- "Sexual contact" with a person less than 17 but at least 14, by
a perpetrator who is at least five years older than the victim is
"Sexual abuse in the third degree," a class B misdemeanor. (NY
Penal Law § 130.55.)
- "Sexual contact" with a person less than 14 is "Sexual abuse in
the second degree," a Class A misdemeanor, if the perpetrator is at
least 16. (NY Penal Law § 130.60[2].)
- "Sexual contact" with a person less than 11 is "Sexual abuse in
the first degree," a class "D" violent felony, if the perpetrator
is at least 16. (NY Penal Law § 130.65[3].)
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] & 130.35[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
Depending on how the statute is construed, "Predatory sexual
assault against a child," a class A-II felony, may subsume all
instances of "statutory" first degree rape/criminal sexual act
where the victim is under 13 (NY Penal Law §§ 130.35[4], 130.35[4])
and the perpetrator over 18. (NY Penal Law § 130.96.)
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 only provide 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, though no school faculty member can have any
sexual activity with any student except when married to the person
{§14‑27.7}. Any sexual intercourse with a person under 16
years of age is prohibited unless the defendant is less than 3
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 three 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...d.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.
- 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.
- 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 Ohio
legislation. However there exists a close in age exception
where an offender can be charged only if 18 years of age or older.
However in that case, it is possible for both minors to be charged
as "unruly" if brought to court
{§
2151.022}.
- 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}.
Oklahoma
The age
of consent in Oklahoma
is 16.
§21-1111. Rape defined.A. Rape is an act of sexual intercourse
involving vaginal or anal penetration accomplished with a male or
female who is not the spouse of the perpetrator and who may be of
the same or the opposite sex as the perpetrator under any of the
following circumstances:1. Where the victim is
under
sixteen (16) years of age...
There exists, however, a close in age exemption:
§21‑1112. Age limitation on conviction for rape.
No person can be convicted of rape or rape by instrumentation on
account of an act of sexual intercourse with anyone over the age of
fourteen (14) years, with his or her consent, unless such person
was over the age of eighteen (18) years at the time of such
act.
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.
Under 18 - Defined as Sexual Abuse 3 (Class A Misdemeanor)
Under 16 - Defined as Rape 3 / Sodomy 3 (Class C Felony) (ORS
163.245)
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 3 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.Teenagers aged 13, 14 and 15 may legally engage in
sexual activity with partners who are less than 4 years
older.
It is very clear that there are no laws that directly criminalize
any consensual non-coerced sexual conduct with any person the age
of 16 or older unless certain mental issues are present (mental
retardation).
A person who is four or more years older than a consenting partner
who is less than 16 years of age or any person that is older than
13 and has engaged in sexual activity with someone under the age of
13 may be charged with the following felony sex offenses:
§ 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.
It is very clear that there are no laws that directly criminalize
any consensual non-coerced sexual conduct with any person the
age of 16 or older unless certain mental issues
are present (mental retardation).
However...
When the alleged victim is 16 or older and less than 18 years of
age, a charge of corruption of a minor may be made.
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.
This charge typically is used only in plead agreements, but not in
cases that actually led to a conviction. In the case cited,
"coercion by authority" was in play, this was offered to avoid a
rape charge. This insinuates that the commonwealth believes that
premarital sex is a corruption of morals.
Rhode Island
The age
of consent in Rhode
Island
is 16.
§ 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.
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.
South Dakota
The age
of consent in South
Dakota
is 16.
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
In a
statutory rape case in Tennessee
, the age of consent is 18.
The
stance of the state of Tennessee on the age of consent is "Statutory rape is sexual
penetration of a victim by the defendant or of the defendant by the
victim when the victim is at least thirteen (13) but less than
eighteen (18) years of age and the defendant is at least four (4)
years older than the victim." {Full text of TN statutory
rape laws
[286546]} Tennessee law does not give clear
directions for cases in which both parties are below age of
consent.
Texas
The age
of consent in Texas
is
17 (Texas Penal Code Section 21.11). However , "
...It is
an affirmative defense to
prosecution under this section that the actor...was not more
than three years older than the
victim and of the opposite
sex...
(and) did not use duress, force, or a
threat against the victim at the time of the offence" and is
not a registered sex offender {
Section 21.11(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 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 consent age of 17, it is still a violation), and violations
are a second degree felony.
Utah
The age
of consent in Utah
is
18. It is however legal for minors aged 16
and 17 to engage in sexual activity with partners less than 10
years older.
76-5-401.2. Unlawful sexual conduct with a
16 or 17
year old.(1) For purposes of 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 this section
occurred.(2)
A person commits unlawful sexual conduct 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 who is ten or more years older than the
minor at the time of the sexual conduct:(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...
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.
[286547]
Sexual assault:
§3252(c) No person shall engage in a sexual act with a child who is
under the age of 16, except:
- where the persons are married to each other and the sexual act
is consensual; or
- where the person is less than 19 years old, the child is at
least 15 years old, and the sexual act is consensual.
Virginia
The age
of consent in Virginia
is 18, with a close in age
exception which allows teenagers aged 15, 16 and 17 to engage in
sexual acts, but only with a partner younger than 18.
However the legislation is not clear cut and the details are
discussed below:
Any penetrative sexual act other than penile-vaginal intercourse is
defined in Virginia law as 'sodomy.'
Section 18.2-361 of the Code of Virginia
entitled "
Crimes against nature" states in part;
- "If any person carnally knows in any manner any brute
animal, or carnally knows any male or female person by the anus or
by or with the mouth, or voluntarily submits to such carnal
knowledge, he or she shall be guilty of ...
felony..."
In addition, any sexual intercourse is defined in Virginia law as
'fornication.'
Section 18.2-344 of the Code of Virginia
entitled "
Crimes against nature" states;
- "Any person, not being married, who voluntarily shall have
sexual intercourse with any other person, shall be guilty of
fornication, punishable as a Class 4 misdemeanor."
The courts of Virginia have ruled that these statutes are not
invalid under the US Supreme Court's decision in
Lawrence v. Texas since that case only applied to
adults, and the age of majority in Virginia is 18. This means that
those 18 and above involved in consensual activity in private may
have a defense in court, but those under 18 do not.
Section § 18.2-63 of the Code refers to minors younger than 15,
while § 18.2-371 is about 15, 16 and 17 years 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
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; 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, and such older person abuses the relationship
to have sexual contact.
There are also three exceptions for people close in age.
- RCW 9A.44.079 "A person is guilty of rape of a child in the
third degree when the person has sexual intercourse with another
who is at least fourteen years old but less than sixteen years old
and not married to the perpetrator and the perpetrator is at least
forty-eight months older than the victim. Rape of a child in the
third degree is a class C felony."
- RCW 9A.44.076 "A person is guilty of rape of a child in the
second degree when the person has sexual intercourse with another
who is at least twelve years old but less than fourteen years old
and not married to the perpetrator and the perpetrator is at least
thirty-six months older than the victim. Rape of a child in the
second degree is a class A felony."
- RCW 9A.44.073 "A person is guilty of rape of a child in the
first degree when the person has sexual intercourse with another
who is less than twelve years old and not married to the
perpetrator and the perpetrator is at least twenty-four months
older than the victim. Rape of a child in the first degree is a
class A felony."
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 have been alarming in nature, however they are completely
anecdotal, and perhaps even urban legend. 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).
West Virginia
The age
of consent in West
Virginia
is
16.
§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.
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...
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.
Wyoming
The age
of consent in Wyoming
is 18.
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 Sction 6‑2‑304, however the cases of
State v. Pierson and
State v. Moore proved that sexual activity with minors
aged 16 or 17 can be charged under Section 14-3-105 of the
law.
14-3-105. Immoral or indecent acts; penalty.(a) Except under
circumstance constituting sexual assault in the first, second or
third degree as defined by W.S. 6-2-302 through 6-2-304, any person
knowingly taking immodest, immoral or indecent liberties with any
child or knowingly causing or encouraging any child to cause or
encourage another child to commit with him any immoral or indecent
act is guilty of a felony...(c) As used in this section, "child"
means a person
under the age of eighteen (18)
years.
U.S. 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 which allows 16 and 17 years olds to consent with
someone no more than five years older than themselves and 13- to
15-year-olds to consent with one another, but not with anyone
older. For example, a 15-year-old may not consent with a
sixteen-year-old.
The code reads as follows:
- § 1700. Aggravated rape in the first degree
(a) Whoever perpetrates an act of sexual intercourse or sodomy with
a person not the perpetrator's spouse
-
-
- Who is under the age of thirteen, or…
- who is under sixteen years of age residing in the same
household as the perpetrator, and force, intimidation, or the
perpetrator's position of authority over the victim is used to
accomplish the sexual act; ...
- § 1700a. Aggravated rape in the second degree
(a) Whoever perpetrates an act of sexual intercourse or sodomy with
a person who is under eighteen years but thirteen years or older
and not the perpetrator's spouse, or by force, intimidation, or the
perpetrator's position of authority over the victim is used to
accomplish the sexual act, is guilty of aggravated rape in the
second degree and shall be imprisoned for life or for any term in
years, but not less than 10 years. “Position of authority” shall
include, but not be exclusive to the following: an employer, youth
leader, scout leader, coach, teacher, counselor, school
administrator, religious leader, doctor, nurse, psychologist,
guardian ad litem, baby sitter, or substantially similar position,
and a police officer or probation officer other than when the
officer is exercising custodial control over a minor. ...
- § 1702. Rape in the second degree
(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.
- § 1703. Rape in the third degree
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
- § 1708. Unlawful sexual contact in the first degree
A person who engages in sexual contact with a person not the
perpetrator's spouse—(1) when force or coercion is used to
accomplish the sexual contact;(2) when the other person is under
thirteen years of age;(3) when the other person is under sixteen
years of age residing in the same household as the perpetrator, and
force, intimidation or the perpetrator's position of authority over
the victim is used to accomplish the sexual contact;
- § 1709. Unlawful sexual contact in the second degree
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.
See also
References
Further reading
- FBI website - describes various federal crimes against
minors
External links
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