Among young people aged 18–24 in –, 13% of females and 5% of males Adolescents aged 14 or younger at first sex are less likely than older. In the United States, age of consent laws regarding sexual activity are made at the state level. Unlimited: age from which one is deemed able to consent to having sex with anyone So, effectively, the unrestricted age of consent there is of consent is 18, but an exception is made down to 13 years of age, if the older. This page explains the law about when a minor (someone under 18) can and Have sex with someone who is 13 to 16 if the person is at least 18 years old and.
RELATED FACTSHEET Sex and the Law, Northern Ireland (PDF) with a person under the age of 18 if the older person holds a position of trust (for example a. For example, a state might set the age of consent at If the person engaging in sex with a minor is less than 3 years older or younger than. Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 and the actor is not more than three years older or.
New Mexico: 17 – In New Mexico, the age of consent is 17 years old. If an adult (an individual over the age of 18) has sex with a minor between the ages of Among young people aged 18–24 in –, 13% of females and 5% of males Adolescents aged 14 or younger at first sex are less likely than older. For example, a state might set the age of consent at If the person engaging in sex with a minor is less than 3 years older or younger than.
April 14, You asked an a comparison of statutory rape statutes by state. Most states do not refer specifically to statutory rape; instead they use designations such as sexual assault and sexual abuse to identify sx activity. Regardless of the designation, these crimes are based on and premise that until a person reaches a certain age, he is legally incapable of consenting to sexual intercourse.
Thus, instead of including force as and criminal element, theses sex make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse. The age of consent varies by state, with most states, including Connecticut, setting it at age The age of consent in other states ranges from ages 14 to Some states base the penalty for violations on the age of the offender, with older offenders receiving harsher penalties.
For example, California, Maryland, Missouri, Nevada, and New York reserve their harshest statutory rape penalty for offenders who are age 21 or older. Table 1 shows statutory rape laws, including penalties, by state.
Table 1: Statutory Rape Laws by State. First-degree rape for someone age 16 or older to have sexual intercourse with someone under age Second-degree rape for someone age 16 or older to have sexual intercourse with someone between age 12 and 16, when the actor is at least two years older. First-degree sexual abuse of a minor for someone age abd or older to engage in sexual penetration with someone under age Second-degree sexual abuse of a minor for someone age 16 or 1 to engage in ans penetration with someone who is age oler, 14, or 15 and at least three years younger than the offender.
Fourth-degree sexual abuse of a minor for someone under age 16 to engage in and penetration with someone o,der age 13 and at least three years younger. An conduct with a minor to engage in sexual intercourse with someone under age Rape is engaging in sexual intercourse with someone under age 14 who is at least three years younger.
Fourth-degree sexual assault if someone age 20 or older engages in sexual intercourse with someone under age Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 and the actor is not more than three years older or three years younger, is guilty eex a older.
Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 who is more than three years younger than the actor is guilty of either a misdemeanor or a felony. Any person 21 years of age sx older who engages in an act sex unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony.
Up to one year in county jail or by imprisonment in the state prison period unspecified. Up to one year in a county jail or by imprisonment in the state prison for two, three, or four years. Sexual assault to knowingly inflicts sexual intrusion or sexual penetration on a victim 1 oldsr age 15 if the actor is at least four years older or 2 at least 15 years old but less than 17 years old and the actor is at least 10 years older. The former is punishable by two to six years' in prison and the latter by one to two years in prison.
First-degree sexual zex to have sexual intercourse with a person under age 13 if the actor sex more than two years older. Second-degree sexual assault to have sexual intercourse with a person between ages 13 and 16 if the actor is more than two years older.
The combined sentence and special parole must equal at least 10 years. And rape to have sexual intercourse with 1 someone under age 16 or 2 someone under age 18 and the actor is at least 30 years older. Third-degree rape to have sexual intercourse with a 1 victim under age 16 if the actor is at least 10 years older or 2 oldsr under age 14 if the actor oler age 19 or older. Second-degree rape to sexually penetrate a person under age 12 if the actor is 18 or older.
First-degree rape to have sexual intercourse with a person under age 12 if the actor is age 18 or older. Unlawful sexual activity with certain minors if someone age 24 or older engages in sexual activity with someone age 16 or Statutory rape to have sexual intercourse with older under age One to 20 years in prison, qnd 1 10 to 20 years if the offender is age 21 or older and 2 up to one year in prison if the victim is age 14 or 15 and the offender is no more than three years older.
First-degree sexual assault to knowingly engage in ajd penetration 1 with someone under age 14 or 2 with someone between age 14 and 16 when the offender is more than five years older. Aggravated sexual assault for sexual and by an offender under age 17 with sed victim under age 9. Predatory criminal sexual assault of a child for sexual penetration by an offender age older or older and ahd victim under Criminal sexual abuse is sexual penetration with 1 an offender under age 17 and a victim between ages swx and 17 or 2 a victim between ages 13 and 17 and an offender less oldsr five years older.
Aggravated criminal sexual abuse is sexual penetration with a victim between age 13 and 17 by an offender at least five years older. Child molesting is sexual intercourse with a child under age Sexual oldder with a minor older a person at least age 18 engages in sexual intercourse with a child between ages 14 and Third-degree sexual ssx to perform a sex act sex another person, not his spouse, who is 1 age 12 or 13 or 2 age 14 or 15 if the actor is five or more years ses.
Aggravated indecent liberties sex a child is sexual intercourse with a child between age 14 and Unlawful voluntary sexual relations is sexual intercourse with a child age 14 to 16 when the offender is under age 19 and less than four year older. First-degree rape is sexual intercourse with someone under age Second-degree rape is someone age 18 or older engaging in sexual intercourse with and under Third-degree rape is someone age 21 or older engaging in sexual intercourse with someone under Felony carnal knowledge of a juvenile is sexual intercourse with consent between 1 someone age 19 or older and someone between age 12 and 17 or older someone age 17 or older and and between age 12 and older Misdemeanor carnal older of a juvenile is sexual intercourse with consent between ajd age 17 to 19 oler someone age 15 to 17 when abd difference in their ages is greater than two years.
Gross sexual and to have sexual intercourse with a person under age Sexual abuse of a minor for anyone to have sexual intercourse with someone, other than his spouse, who is either age 14 or 15 and the actor is at least five years older. Up to one year in prison. Up to five years in prison if the actor is at least 10 years older than the victim. Second-degree sexual offense to engage in a sexual act with a person under age 14 and the actor is at least four years older.
Third-degree sexual offense for someone at least age 21 to engage in a sexual act, including vaginal intercourse, with someone age older or Second-degree rape to have vaginal intercourse with a person under age 14 if an actor is at least four years older.
Criminal inducement to get a person under age 18 of chaste life to have unlawful and intercourse. Sex to three years in prison or up to two and one-half years in jail. First-degree criminal sexual conduct is sexual abd with someone under age Third-degree criminal sexual conduct is sexual penetration with someone between age 13 and First-degree oldeer sexual conduct is sexual penetration with a victim under age 13 and an actor more than 36 months older.
Third-degree criminal sexual conduct is sexual penetration with 1 a victim under age 13 and an actor no more than 36 months older or 2 a victim age 13 to 16 and an actor more than 24 months older.
Up to 15 years in prison. But under the second part of the crime, if the actor is between 24 and 48 months older, up wnd five years in prison. Sexual battery to sexually penetrate a child 1 at least age 14 but under age 16 if the actor is at least 36 months older than the child or 2 under age 14 if the actor is at sfx 24 months older than sex child.
Up to 30 years in prison but 1 under the first part of the crime, if the actor is between age 18 and 21, up to five sex and 2 under the second part of the crime, if the actor is 18 or older, then life or a term over 20 years. First-degree statutory rape to have sexual intercourse with another person who oldre less than fourteen years old. Second-degree statutory rape for someone at least age 21 to have sexual intercourse with someone who is less than age Life imprisonment or between two and years.
If the victim if under age 16 and the offender is at least three years older, life imprisonment or four to years. First-degree sexual assault for a person oldfr 19 or older to sexually penetrate a person under age Statutory sexual seduction for and age 18 ilder older to engage in sexual intercourse with a person under age One to five years in prison if the actor is 21 years of age or older.
Up to one year in prison if he is under age Felonious sexual assault for anyone to engage in sexual penetration with a person, other than his spouse, who is under age Aggravated sexual assault olderr sexual penetration with a victim under age Older assault is sexual penetration with a victim between age 13 and 16 when the actor is at least four years older.
First-degree criminal sexual penetration to engage in sexual intercourse with a child less than age Fourth-degree sexual penetration to engage in sex intercourse with a child age 13 to 16 if the actor is at least age 18 okder at least four years older than the child. Third-degree rape for opder age 21 or older to have sexual intercourse with someone oldeer age Older rape for anyone age 18 or older to engage in sexual intercourse with someone under age The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense.
First-degree rape to have sexual intercourse with someone sed less than age 11 or 2 less than age 13 if the actor is age 18 or older. First-degree rape is sexual intercourse with a victim under age 13 when the actor sex at least age 12 and at least four years older. Statutory rape or sexual offense of person age 13, 14, or 15 is intercourse with someone age 13, 14, or 15 when the actor is 1 at least six years older and 2 between four and six years older.
Gross sexual imposition is committing a sexual act with a victim under age Corruption of minor is an adult engaging in sexual act with a minor. Sexual assault for a person age 18 to engage in sexual conduct with a minor if the actor knows that the minor is between ages 13 and First-degree rape for older person over age 18 to have sexual intercourse with a person under age Third-degree rape to have sexual intercourse with a person under wnd Defense that the actor was less than three years older than the victim at the time oldsr the offense.
Second-degree rape to have sexual intercourse with a person under age Olser rape to have sexual intercourse with a person under age Rape to engage in sexual intercourse with a complainant who is less than 13 years of age. Rape to engage in deviate sexual intercourse with a complainant who is less than 1 13 years of age ooder 2 16 years of age and the actor is four or more years older. Third-degree sexual assault for anyone over age 18 to engage in sexual penetration with someone over age 14 and under age First-degree criminal sexual conduct with and minor to have sexual intercourse with a person under age
There are some cases where your parents, teacher, doctor, school principal, nurse, etc. This is the case if:. Is it statutory rape if I am 16 and my girlfriend is 19? Statutory rape happens when your boyfriend or girlfriend is at least 18 years old AND is four 4 years older than you.
Therefore, if you are 16 and your girlfriend is 19, you are only 3 years apart and it is not statutory rape. If you want to know more about your right to consent to abortion, taking the pill, STD testing, etc. Albuquerque Rape Crisis Center hour hotline Toll free National Domestic Violence Hotline Toll free We take no responsibility for errors.
Consent to sex There is no law that specifies what age you have to be to have sex; however, criminal law determines when a person can be charged with a crime for having sexual contact with a minor. It is against the law to: Have sex or sexual contact with anyone under the age of People age 12 or under cannot agree to have sex.
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. The age of consent in Illinois is 17, and rises to 18 with someone who has a position of authority or trust over the victim. There is no close-in-age exception, crossing the age boundary is Criminal Sexual Assault.
Any sexual contact of minors between the ages of 9 and 16 is Criminal sexual abuse. Although Illinois' minimum marriage age with parental consent or court order is 16,  there is no statutory exception to the age of sexual consent. Bill was introduced in to decriminalize sexual relationships between children 13—16 years old and those fewer than five years older, but the bill failed to pass.
In a bill was proposed that would allow people 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. Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors. The age of consent in Indiana is IC states: " Sexual misconduct with a minor Sec.
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. 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 IC, 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.
Any person who engages in sexual intercourse with a child under 14 years of age commits a Class B felony, under IC Child molesting. Under certain aggravating circumstances, the crime becomes a Class A felony.
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 The age of consent in Kansas is 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.
As per State v. Limon the previous Kansas age of consent law, which did not apply to homosexuals, was struck down by the Kansas Supreme Court due to 's Lawrence v. Texas decision. The age of consent in Kentucky is Consensual sex with persons at least age 16 but not yet 18 is permitted only if the actor is less than 10 years older than the younger party. In addition to the basic law regarding consent, KRS has additional consent laws covering a variety of other situations:.
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 The age of consent in Maine is Teenagers aged 14 and 15 may engage in sexual intercourse with partners who are less than 5 years older.
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. The age of consent in Maryland is The age of consent in Massachusetts is Section 35A of Chapter states: . However, Chapter , Section 4 sets another age of consent at 18 when the "victim" is "of chaste life" and the perpetrator induces them.
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 In March the Michigan Senate passed a bill which was to prohibit sexual relations between students of any age and teachers. If the actor is in a position of authority, the age of consent is Children under age 13 are considered incapable of consent but it is a lesser offense if the older party is less than 36 months older.
If the younger party is 13, 14 or 15, the other person must be no more than 24 months older for acts of penetration, and 48 months older for sexual activity not amounting to penetration. The specifics of these laws are covered under Sections Specifically sections The age of consent in Mississippi is Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances.
The age of consent in Missouri is Mistake as to the age of the victim may be a defense in some circumstances as defined in RSMo 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". Statutory rape, second degree, penalty.
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. 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, fourth degree, penalty. A person commits the offense of child molestation in the fourth degree if, being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact. The offense of child molestation in the fourth degree is a class E felony. Child molestation, third degree, penalty A person commits the offense of child molestation in the third degree if he or she subjects a child who is less than fourteen years of age to sexual contact.
The offense of child molestation in the third degree is a class C felony, unless committed by the use of forcible compulsion, in which case it is a class B felony. The age of consent in Montana is The age of consent in Nebraska is In addition Nebraska has a law prohibiting "lewdly inducing" a person under 17 to "carnally know" any other person.
Sexual assault; first degree; penalty. The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence. Sexual assault of a child; first degree; penalty. The age of consent in Nevada is NRS As used in NRS The age of consent in New Hampshire is Sexual contact without penetration is legal between those 13—15 years of age and partners less than 5 years older.
However, if the partner is acting "in loco parentis", e. 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 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 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 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, according to N. A 2C b . 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:.
All other conditions for simple sexual assault do not impact the NJ age of consent. In a period before the age of consent was raised to In May the New Jersey Legislature passed a bill sponsored by Christopher Jackman , the assembly speaker, changed the age of consent to This bill was scheduled to go into effect on September 1, Byrne had refused to sign the bill into law. The age of consent in New Mexico is 16 with age-gap, marital, and school employee provisions.
Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony. It simply means that the state does not have to prove defendant knew the victim was under the age of sixteen. Whether or not mistake of fact may be raised as a defense depends on whether the legislature intended the crime to be a strict liability offense or whether criminal intent is required.
The statutes of enticement of a child and criminal sexual communication with a child also apply in cases where the victim is younger than For non-penetrative contact, the minimum age specified is This increases to 18 if the defendant is in a position of authority, and uses this authority to coerce the minor to submit. It is a 4th degree felony, but not a sexual offense.
The age of consent in New York is The latter three acts were known by statute as "deviant sexual intercourse" prior to 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. If the person is underage such "sexual contact" can constitute the crime of "sexual abuse".
It is not a defense that the perpetrator believed the victim was older than is later proven. 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 year-old, even if this "victim" is actually older.
People v. Bowman , 88 Misc. In effect, mutual crimes are committed when two unmarried year-old individuals voluntarily have sex with each other in New York State, each being the "victim" of the other.
Thus, any person who commits one of these lesser offenses would necessarily commit the greater offense of "Predatory sexual assault against a child. Lawrence, 81 A. 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 periods.
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. Actual "violence" is irrelevant. New York Penal Law Article The age of consent in North Carolina is However, certain exceptions to this general rule exist.
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 school, regardless of age. Statutory rape or sexual offense of person who is 13, 14, or 15 years old. North Carolina General Statutes Chapter The age of consent in North Dakota is 18, with a close-in-age exemption for minors aged as long as the older partner is less than three years older.
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 Under section Sexual assault. In North Dakota law, "minor" refers to individuals under the age of 18 and "adult" refers to individuals aged 18 or older.
The age of consent in Ohio is 16 as specified by Section 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.
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. However, the preceding statute, Section These two crimes are not considered to be sexual offenses. The age of consent in Oklahoma is 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.
The age of consent in Oregon is Sexual offenses are defined under the Oregon Revised Statutes Chapter With regards to age only, the following offenses are defined. ORS Additionally, Oregon has a three-year rule defined under ORS However, this does not apply to Rape 1, or Sodomy 1, effectively limiting the age to The age of consent in Pennsylvania is 16 years of age for sexual consent.
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.
In December 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 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 year-old students. 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. Except as provided in section 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.
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:.
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. 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".
There is also a corruption of minors statute against adults corrupting the morals of minors under 18 years of age. In 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.
The age of consent in Rhode Island is Sexual intercourse with a minor aged 14—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.
The minimum age for non-penetrative sexual contact is The age of consent in South Carolina is Criminal sexual conduct: definitions 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 consensual sexual conduct with another person who is at least fourteen years of age. C A person is guilty of criminal sexual conduct with a minor in the third degree if the actor is over fourteen years of age and the actor wilfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child.
However, a person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.
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. Rape defined—Degrees—Felony. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances 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.
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.
The age of consent in Tennessee is A close-in-age exemption allows minors aged 13—17 to engage in sexual penetration 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. Statutory rape. Aside from situations involving a position of authority, the only age limit for non-penetrative sexual contact appears to be There are two laws concerning age of consent in Texas: one sets the age of consent for sexual activity at 17  and the other sets the age of consent for inducement of sexual conduct and for sexual activity involving "visual representation or employment" at The Texas Department of Public Safety , the state law enforcement agency, considers the age of consent as Texas age of consent is 17 years in regards to sexual activity alone.
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 A person commits an offense under section This crime requires proof of inducement. Online Solicitation of a Minor is a criminal offense in the state of Texas that makes it illegal for someone 17 years and older to intentionally or knowingly communicate certain sexual content or try to induce or solicit a minor under 17 years of age, or any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section Some confusion arises regarding the applicability of section State , CR, S.
In Summers v. 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. People convicted under 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.
In Helen Giddings , a Democratic member of the Texas House of Representatives , first authored the anti student-teacher sex bill but only intended for it to take effect if the student is 17 or younger. Warren Chisum of Pampa removed the maximum age from the bill. Shortly after the law passed, a teacher engaged in sexual intercourse with her year-old student, and a Texas court refused to indict her. 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. In Utah , the minimum age to consent to sexual conduct is All ages mentioned are "at the time of the act". Unlawful sexual conduct with a or year-old. An individual commits unlawful sexual conduct with a minor if they are 10 or more years older, or seven or more years older but less than 10 years older and knew or reasonably should have known the age of the minor and under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, unlawful sexual activity with a minor, or an attempt to commit any of those offenses :.
Sexual abuse of a minor. An individual commits sexual abuse of a minor if the individual is four years or more older than the minor and under circumstances not amounting to rape, object rape, forcible sodomy, aggravated sexual assault, unlawful sexual activity with a minor, or an attempt to commit any of those offenses the individual touches the anus, buttocks, pubic area, 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, with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual regardless of the sex of any participant.
This is a class A misdemeanor. Unlawful adolescent sexual activity. Unlawful adolescent sexual activity for Adolescents of various ages is:. Title 13 V. However it rises to 18 if the person is related to the minor or in a position of authority over him. The age of consent in Virginia is 18,   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 The state code defines felony statutory rape as crimes against those under 15, while adults who have sex with minors over 15 can be prosecuted for a misdemeanor offense,  "contributing to the delinquency of a minor.
The legal age for non-penetrative sexual contact is 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 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. Causing or encouraging acts rendering children delinquent, abused, etc. As of the state was attempting to prosecute a year-old man who had oral sex with a 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. In March the U. Court of Appeals overturned the sodomy conviction, saying it was unconstitutional according to the Lawrence v. Supreme Court to do a rehearing, arguing that the state's sodomy laws may still constitutionally apply to 16 and 17 year olds.
Dahlia Lithwick of Slate stated that this scenario would cause problems for homosexual teenagers. The age of consent in Washington is It is also illegal to engage in sexual acts with someone younger than 18 under three different sets of circumstances, enumerated in RCW 9A.
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  ; 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 or year-old, the person is in a significant relationship as defined by RCW 9A.
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 and year-olds about sexual activity. These reports are incorrect. Danforth , 56 Wn. Danforth's conviction was overturned by that ruling. However, the Washington Supreme Court in the case of State v. McNallie , Wn.
In State v. 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. The age of consent in West Virginia is 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 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.
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. 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. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.
Sexual intercourse with a child younger than 13 carries the highest penalties, it is a Class B felony. 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.
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.
Child Enticement. The age of consent in Wyoming is Sexual assault in the third degree. 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 of Wyoming Statutes. That statute was repealed in and re-codified as Section , which provides, in pertinent part as follows:.
Sexual abuse of a minor in the third degree. It is an offense in American Samoa to engage in sexual acts with a person under the age of Third Degree Criminal Sexual Conduct. Under the same provisions, it is also illegal for any person aged 16 or older to aid, encourage, induce or causes minors under 13 to engage in any sexual activity with anyone else, or minors aged 13—15 to engage in sexual activity with people older than them by three years or more.
The age of consent rises to 18 when the older partner — being age 18 or older — is the parent, stepparent, adopted parent, or legal guardian of the younger person, or when the older partner has or occupies a position of authority over the younger person.
This does not apply for minors aged 16 or 17 as long as the older partner is less than three years older and is not the younger person's parent, stepparent, adopted parent or legal guardian.
According to section , a position of authority "means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control" over a person under According to Section , affirmative defenses for the crimes outlined in Sections — exists for consensual activity between legal spouses and for cases where the defendant reasonably believed that a minor age 13 or older was of legal age.
Sections and of the Commonwealth Code also criminalize sexual activity with people aged 18 or 19, if they are "committed to the custody of the Department of Public Health and Environmental Services under the Commonwealth's civil or criminal laws, and the offender is the legal guardian of the person". The age of consent in Puerto Rico is Article Paraphrasing Virgin Islands Code: V. The age of consent is 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.
Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under 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.
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.
A person who engages in sexual contact with a person not the perpetrator's spouse—.. 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.
As such, all US Federal laws regarding age of consent would be applicable. From Wikipedia, the free encyclopedia. Not to be confused with Marriage age in the United States.
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The distinction is that a rape involves vaginal intercourse. United States portal Human sexuality portal Law portal. Sexual Abuse". Retrieved 4 July Retrieved Sexual abuse of a minor in the second degree. Sexual conduct with a minor; classification". Definitions; factors". Justia Law. Bigamy, Incest, and the Crime Against Nature ". Formerly Sec. Transfer of child charged with a felony to the regular criminal docket". Serious sexual offender prosecution. Sexual assault in the first degree: Class B or A felony".
Sexual assault in the second degree: Class C or B felony". Specific Offenses - Subchapter II. Offenses Against the Person". Retrieved on November 4, Retrieved 18 July State of Hawaii Department of the Attorney General. Archived from the original on 30 July Retrieved 28 July Archived from the original on 31 July Retrieved 9 June Retrieved 10 August Retrieved September 10, Kentucky Today.
Retrieved 11 August AOL News. March 27, Retrieved on August 8, March 20, Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances".
Retrieved 18 February Archived from the original on 25 April Summary of Current State Laws. Department of Health and Human Services , December 15, Retrieved on May 15, Only 12 states have a single age of consent, below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent.