Age of consent in the United States

See also: Age of consent and Ages of consent in North America

In the United States of America, which is a federal republic, the age of consent and laws regarding it are left to the states. There are a number of 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 [3] (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 [4]. 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 exists a common misconception among many Americans who think that the age of consent is eighteen nationally by federal law, but that is false, as the age limit in most states is in fact below 18. In some states, however, the age of consent is indeed 18, while in others it's either 16 or 17. No states have laws that permit consensual sex for persons under the age of 16; and, no states surpass the maximum limit of 18 years of age.

Age of consent laws for heterosexual sex Worldwide

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 travelling 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 12-15 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 12-15 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."

Local Laws

Introduction

Age of consent varies by state, ranging from 16 – 18, with 16 being the most common (more than half of the states have this age limit), however the five most populous states all have a higher age of consent (California-18, Texas-17, New York-17, Florida-18 and Illinois-17).

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 bellow.

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 than 14, or if so, there is a defense if the minor is not more 4 years younger if above 12, not more 3 years younger if under 12. Sexual intercourse of a major and a minor under 14 is a rape.

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

103, 124, 125, 126, 127

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

• (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. [5] (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 an adult younger than 24 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

• For age of consent in Hawaii and the territories in the Pacific Ocean, see: Ages of consent in Oceania#United States

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 victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.

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

Indiana

The age of consent in Indiana is 16.

IC 35-42-4-9 Sexual misconduct with a minor Sec. 9. (a) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony. 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:

• ACLU article "Iowa Files First Ever Class-Action Lawsuit Challenging Sex Offender `Banishment`" (2003-6-25)
• Quadcity Times article "Iowa lawmakers mulling changing sex-offender law" (2003-2-15)
• More recent Quadtimes article "Prosecutors: `Dump offender rule`" (2006-1-24)

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

Maryland

The age of consent in Maryland is 16. An exception is made when the actor is not at least four years older than the victim. However, if someone in a "position of authority" engages in a sexual act with a minor, he or she may be guilty of sexual offense in the fourth degree as specified by Maryland Code § 3-308.

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. These laws have been translated into layman's terms at the child sexual abuse prevention website youcanstopitnow.org.

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.

Title 45. CRIMES - CHAPTER 5. OFFENSES AGAINST THE PERSON - Part 5. Sexual Crimes - 45-5-501. Definitions :

• (1) (a) As used in 45-5-503, the term "without consent" means:
  • (ii) .... the victim is incapable of consent because the victim is: (D) less than 16 years old;

Nebraska

The age of consent in Nebraska is 17.

Section 28-319 Sexual 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 less than three years. 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), and etc.

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 a 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 4 years older than the victim except when married to the person {§14‑27.2, 14‑27.4 & 14‑27.7A}.

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

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

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

North Carolina General Statutes Chapter 14

North Dakota

The age of consent in North Dakota is 18.

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

1.A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if...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.

1.An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older.

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

Ohio

The age of consent in Ohio is 16 as specified by Section 2907.04 of 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.

• The Official PA Criminal Code

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 [6]} 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.[7]

Sexual assault:

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

(1) where the persons are married to each other and the sexual act is consensual; or

(2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.

Virginia

The age of consent in Virginia is 18, with an ostensible close in age exception of 15 for those under 18. However the legislation is not clear cut, 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.

• 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 law is complex and situational with 13, 16 and 18 listed under different situations. Generally, the age for unlimited consent is 18. With 16 allowed to consent with someone no more than five years older than themselves. 13 to 15 year olds may 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

• • (1) Who is under the age of thirteen, or…

• • (2) 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.