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Given the interest in this subject both past and present, it might be useful to show how the ages/laws have changed over time. For example, someone might want to know what was legal in a particular state in 1930. Right now, the article only shows what is currently legal. Thus, a matrix might be more useful. [[User:Rklawton|Rklawton]] ([[User talk:Rklawton|talk]]) 04:16, 1 May 2011 (UTC)
Given the interest in this subject both past and present, it might be useful to show how the ages/laws have changed over time. For example, someone might want to know what was legal in a particular state in 1930. Right now, the article only shows what is currently legal. Thus, a matrix might be more useful. [[User:Rklawton|Rklawton]] ([[User talk:Rklawton|talk]]) 04:16, 1 May 2011 (UTC)
:A good idea, but it would be difficult. There isn't a lot of readily available documentation on the old laws in many places.[[User:Legitimus|Legitimus]] ([[User talk:Legitimus|talk]]) 12:11, 1 May 2011 (UTC)
:A good idea, but it would be difficult. There isn't a lot of readily available documentation on the old laws in many places.[[User:Legitimus|Legitimus]] ([[User talk:Legitimus|talk]]) 12:11, 1 May 2011 (UTC)

== Age of Consent 16 Nonsense ==

This article says that some USA states set the age of consent at 16. That's not really true. They do for close in age exceptions. But there's no state where its legal for a 30 year old man to have sex with a 16 or 17 year old girl in the USA. That's not accurate. That misleading information should be changed. --[[Special:Contributions/198.51.130.254|198.51.130.254]] ([[User talk:198.51.130.254|talk]]) 19:42, 12 May 2011 (UTC)
:The laws of each state are quite explicit, and there are indeed several states that allow just that. You did not offer a single source to support your assertion. Your own personal opinions and moral feelings do not count as the rule of law in the US. If you have a point to make, give a source and explain yourself. [[WP:FORUM|Wikipedia is not a forum]] to discuss personal feelings.[[User:Legitimus|Legitimus]] ([[User talk:Legitimus|talk]]) 19:54, 12 May 2011 (UTC)
::Your using to many details. You're using details to distract us from the context which is this article is saying there are states in the USA with an age of consent below 18. That's wrong. Its only the case for close in age exemptions not for 30 year olds. --[[Special:Contributions/198.51.130.254|198.51.130.254]] ([[User talk:198.51.130.254|talk]]) 08:07, 14 May 2011 (UTC)
:::No that is not wrong. Most states have an age of consent below 18. I will use Maryland as an example. In Maryland it is legal for a 30 year old man or women to have sex with a 16 year old unless the 16 year old is a prostitute or the 30 year old works at their school. That's it. Other than those exceptions, it is legal there. I'm not saying I think that's right, but that's the law of the land.[[User:Legitimus|Legitimus]] ([[User talk:Legitimus|talk]]) 23:46, 14 May 2011 (UTC)
::::Legitimus is right. All you have to do is research the topic just a little to see that the age of consent is often set at 16-18 in the United States. This has come up many times during teacher-student sex scandals and the like. [[User:Flyer22|Flyer22]] ([[User talk:Flyer22|talk]]) 15:44, 16 May 2011 (UTC)
:::::But I used to think the age of consent was 16 in some states and someone told me I was wrong. There's no state in the USA where its legal for a 30 year old man to have sex with a 17 year old woman. Sorry. Nor is there any where its legal for a 30 year old woman to have sex with a 17 year old man. Nor is there any state where its legal for a 30 year old man to have sex with a 17 year old man or a 30 year old woman to have sex with a 17 year old woman. I used to think there were some but I was wrong. I was told "I'm pretty sure its 18 in each state" and now I realize I was wrong. [[Special:Contributions/99.50.128.94|99.50.128.94]] ([[User talk:99.50.128.94|talk]]) 09:26, 28 May 2011


== Federal age of consent? ==
== Federal age of consent? ==

Revision as of 11:37, 28 May 2011

Cuba

is missing. Cuba's age of consent is 16.

Canada

Female homosexuality was never illegal in the former Colonial England colonies; male homosexuality was legalized in 1969 with the age of consent being set at 21; Then in 1988 the age of consent was lowered to 18.

If this is true (there aren't any citations) my question is: Why? Why was male homosexuality singled out as being illegal while the law didn't affect female homosexuality? 156.34.218.57 (talk) 00:06, 6 January 2008 (UTC)[reply]

    • Well . . . there are probably better citations than this; however, I do recall reading text accompanying a pictoral in a 1976 (USA Bicentennial) edition of Playboy (that happened to feature female homosexuality (which was, in fact, quite delightfully portrayed)) quoting Queen Victoria saying that "women don't do that sort of thing." 24.84.233.33 (talk) 21:43, 20 May 2008 (UTC)[reply]

The Tackling Violent Crime Act has passed the Canadian Senate ( http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080227/crime_bill_080227/20080227?hub=Politics ) and the age of consent is now 16 in Canada. I don't know if I edited it correctly in the Canada section, but it needs to be adjusted to be known as 16 years old. Also the world map of age of consents needs to have Canada changed to the correct colour. Young, Conservative, Canadian, Capitalist 00:46, 29 February 2008 (UTC) —Preceding unsigned comment added by YoungConservative (talkcontribs)

I have added a note for the ramifications of the 2005 Bill C-2. This is not noted. The source on the Canadian government website has since been down but I have saved a copy of it. It is still a valid reference. I recall adding this into the article before, I'm not sure why it isn't in there anymore, but its presence in the Criminal Code must be represented. Tyciol (talk) 06:11, 11 February 2009 (UTC)[reply]

Citation needed for Lawrence v. Texas?

Why is there a citation needed link connected to the statement that Lawrence v. Texas invalidated Kansas' ban on homosexuality? The case is linked to and that provides the outside source. —Preceding unsigned comment added by 76.213.239.18 (talk) 19:50, 25 January 2008 (UTC)[reply]

I suppose if you want to be anal retentive, you could have a link to an actual PDF of the relevant decision(s). The equal age of consent case is Limon v. Kansas BTW. Lawrence only dealt with (consensual and adult) homosexuality in general. Given the fact that it has been six months since you posted this, I think we can go ahead and replace those "citation needed" with links, 24.69.171.49 (talk) 07:46, 26 July 2008 (UTC)[reply]

States missing

How come Nevada isn't listed? Do they not have an age of consent? —Preceding unsigned comment added by 66.167.203.177 (talk) 06:38, 30 January 2008 (UTC)[reply]

Wisconsin isn't listed either. 70.121.237.145 (talk) 16:04, 5 May 2008 (UTC)[reply]
Nor Maine 74.75.188.217 (talk) 19:58, 21 May 2008 (UTC)[reply]
Nor is Louisiana Schmorgluck (talk) 19:54, 12 June 2008 (UTC)[reply]
Neither New Mexico, the age of consent is 17 for heterosexuals, 16 for homosexuals. —Preceding unsigned comment added by 216.138.82.198 (talk) 08:30, 22 June 2008 (UTC)[reply]
The Dakotas are missing as well. Clarinet Hawk (talk) 03:48, 15 August 2008 (UTC)[reply]

Hawaii is currently present at [1]. Should it be merged into this article? --Pkarjala (talk) 22:51, 31 August 2008 (UTC)[reply]

Hawaii is not a North American entity nor the US territories in the Pacific ocean, search for the archived disscussion here. JC 22:00, 31 August 2008 (PST)

The section on Minnesota has an error: "If the victim is 13, 14 or 15 the actor must be no more than 48 months older." The text of the cited statute 609.34 does not support this. The 48-month exception only limits the penalty. There is a 24-month window in which belief that the complainant was 16 is a defense. There does not appear to be a true close-in-age exception except in cases involving minors under 13 and an actor no more than 36 months older. —Preceding unsigned comment added by Magic Al Too (talkcontribs) 21:25, 19 January 2010 (UTC)[reply]

UCMJ

I believe that military personnel, under the UCMJ, must abide by the UCMJ standard of age 18 as the age of consent, regardless of the state the servicemember is in. So for example, if the state in which they are stationed has an age of consent of 16, the servicemember is still not legally able to engage in relations in accordance with that state's law. I'd include it but I have no time at this moment. Amnion (talk) 15:21, 12 August 2008 (UTC)[reply]

Er, Article 120 specifies and age of consent of 16, not 18. —Preceding unsigned comment added by 99.207.157.11 (talk) 14:16, 21 March 2009 (UTC)[reply]

Spinnout

Article section Ages of consent in North America#United States being too long, it is split into different article. And marked as "Main article" Ages of consent in the United States. Under the table 324 (talk) 11:15, 6 February 2009 (UTC)[reply]

Other users kindly see the wikimedia commons for image vandalism on 7th feb, and succeeding removal of image on all wikipedia articles. And the IP concerned added back image now. And also the IP user is reverting without justification in talk page, Spinnout tag was already there when i first spinned out the article - see Splitsection tag. Under the table 324 (talk) 10:46, 9 February 2009 (UTC)[reply]
Compare 86.121.8.36 and 86.121.9.93, after image revert in wikimedia (on 7th Feb 2009). Under the table 324 (talk) 10:59, 9 February 2009 (UTC)[reply]

Under the table 324 is vandalizing this article. He/she has splited this aricle several times and it has been reverted each time. There is no valid reason to create this spin out. Under the table 324 please stop doing this. The older map had the wrong colours, the new map is now ok. —Preceding unsigned comment added by 86.121.8.166 (talk) 11:07, 9 February 2009 (UTC) [reply]

Actually the Map needs another amendment for the Middle Eastern nation of Yemen, the age of consent along with marriage is now 17 years of age. So the color should be changed from dark blue to that greenish yellow for 17 years of age. Here is the article about the new law. http://yementimes.com/article.shtml?i=1233&p=front&a=1 Mazighe (talk) 09:42, 12 February 2009 (UTC)[reply]

[http://en.wikipedia.org/w/index.php?

title=Ages_of_consent_in_North_America&diff=prev&oldid=261392626 Splitsection tag was already there], when i first split the article - meaning consensus to split was already there. Total of 50 states of USA is not useful for the all users who expect info about north america, still summary of 50 states continues to exist in this article after spinnout. See Wikipedia:Article size, article is 80kb long. Under the table 324 (talk)

OK so should this article be split out? I would like to know what EVERYBODY else says. Until the MAJORITY of the editors of this page say they are OK with this, the article must stay the way it is. Under the table 324 you can not take this decission on your own, so please refrain from spliting this article until/unless you see a clear consensus on this talk page from the other editors. —Preceding unsigned comment added by 86.121.8.166 (talk) 11:28, 9 February 2009 (UTC)[reply]

I am not sufficiently convinced that it should be split out, and I've redirected it back here. We have not established length criteria for when a country deserves its own article. I admit, english Wikipedia seems to have the most information on the United States (since it has individual laws for each of the 52 states) so if any country is going to get it first, it's the US, however it would be good to run this by the administrators first.
The "ages of consent in..." articles are part of a project ("Age of consent group of articles project"... although I'm not sure exactly what that is, first I've heard of it today) which Wikipedia is supposed to be conservative in restructuring, because it is a matter of conveying law to people and held to high standards of scrutiny. There are several WikiProjects with members who I know would want to have a say in this. A problem with doing this without discussion is it will make anybody think they can, someone already did it with Ages of consent in Canada and I just had to redirect that back here as well.
To attract discussion on this matter (it's a good point, the US is dominating the article) I'll tag this as relevant to several WikiProjects, as you can see above. Please discuss your idea of moving the US laws to its own article at those WikiProjects and allow adequate time for a response. This was rushed quickly in a month without prior consultation (people are busy, it's winter, AoC isn't on the brain because nobody can see skin) so you need to reach for answers, not expect them to come and do what you want if they don't. Tyciol (talk) 06:43, 11 February 2009 (UTC)[reply]

Bill C-2 (Canada 2005 AoC=18)

As mentioned in WikiProject Law, I added mention about this. The old link was removed, but there is a copy of that FAQ explaining the ramifications saved. It seems someone removed the link to it. Furthermore, I don't know if this was my imagination but I recall having discussions about disputes regarding the correct interpretation of this law? Maybe I'm confusing it with a different debate... but back to the basics, people need to know about this, because it can effective make the Canadian AoC 18 since 2005 (including after the 2008 14>16 base change) if it wasn't overridden. Furthermore, due to interpretations on artistic fiction, the age of consent for fictional characters in Canada is definately 18. Fictional characters are legally treated as people in terms of sexual images of them being illegal. Tyciol (talk) 07:13, 11 February 2009 (UTC)[reply]

Quebec issue

"(Marriages are permitted for those above 16 outside Quebec, and above 16 for males and 14 for females in Quebec.)" I've been faithful to this statement but I wanted to do further reading and couldn't find a source for it. This worries me, is it even true? I don't find it mentioned in Marriage in Canada so I'll bring this up there as well, but someone please source that if it is true. Tyciol (talk) 06:22, 22 February 2009 (UTC)[reply]

Merger

All ages of consent articles are by continent, except for North America, which is split into North America (!) and Central America. This is very confusing as most countries of North America are missing from the article. North America here includes only the three NAFTA countries and two Atlantic states (Bermuda and Bahamas). The Caribbeans (and Greenland) are missing altogether from the discussion, perhaps because of this confusion. I even checked in the South America article where they should not be; they are nowhere to be found. I propose to merge, as we use the 7 continent model throughout en.wiki and the current situation is confusing. gidonb (talk) 21:49, 20 April 2009 (UTC)[reply]

I agree, and have merged these articles. Bosonic dressing (talk) 18:52, 11 June 2009 (UTC)[reply]
Thank you very much. Regards, gidonb (talk) 14:00, 16 June 2009 (UTC)[reply]

{{editsemiprotected}} @Ages_of_consent_in_North_America#Missouri:

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

The cited link for RSMo 566-020 is broken and needs to be changed to: http://www.moga.mo.gov/statutes/C500-599/5660000020.HTM

Clone53421 (talk) 20:49, 29 May 2009 (UTC)[reply]

 Done Thanks, Celestra (talk) 21:59, 29 May 2009 (UTC)[reply]

Map colours are wrong

Somebody needs to change the colours of New Mexico (the AOC is 16, not 17) and of Montana (AOC is 16, not 18).

Also, Iceland has the wrong colour. The AOC there is 15, not 14:

see Ages of consent in Europe :The age of consent in Iceland is 15, as specified by Section 202, which reads: "Anyone who has carnal intercourse or other sexual intimacy with a child younger than 15 years shall be subject to imprisonment for at least 1 year and up to 16 years."

202. gr. Hver sem hefur samræði eða önnur kynferðismök við barn, yngra en 15[fimmtán] ára, skal sæta fangelsi ekki skemur en 1[eitt] ár og allt að 16[sextán] árum. —Preceding unsigned comment added by 86.121.10.70 (talk) 21:10, 29 May 2009 (UTC)[reply]

Based on what I read in the article, the age of consent there seems like it's 17. A 16 year old can't have sex with a 21 year old, but a 17 year old can. Therefore, the age of consent is 17. I'll edit this and someone needs to change the map to make it 17. 67.182.185.148 (talk) 00:21, 31 July 2009 (UTC)[reply]

According to Section 30-9-11 as listed in this article and elsewhere(http://law.justia.com/newmexico/codes/nmrc/jd_30-9-11-c28b.html), The age of consent is 17, not 16. I have been registered for a few years but I have not made enough edits to be allowed to correct this. I will submit an edit request. —Preceding unsigned comment added by Wolf359nmt (talkcontribs) 00:57, 9 April 2010 (UTC)[reply]

Edit request from Wolf359nmt, 9 April 2010

{{editsemiprotected}} I believe the age of consent in New Mexico is 17, not 16. Wolf359nmt (talk) 01:14, 9 April 2010 (UTC)[reply]

Please provide a reliable source to verify.  fetchcomms 01:25, 9 April 2010 (UTC)[reply]
I'm sorry, I provided a link to the statute above, but not here so as not to be redundant. http://law.justia.com/newmexico/codes/nmrc/jd_30-9-11-c28b.html Copies of the statute can be found elsewhere. The source is accurate. Wolf359nmt (talk) 03:52, 9 April 2010 (UTC)[reply]


Age of consent and the definition of rape in Idaho was modified in the 2010 legislation to include an age similarity consideration, which did not exist before. The amended section can be found at the State of Idaho Legislature website[1].

The statute now reads thus:

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 sixteen (16) years and the perpetrator is eighteen (18) years of age or older.

(2) Where the female is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older than the female.

Furthermore,

"The provisions of subsections (1) and (2) of this section shall not affect the age requirements in any other provision of law, unless otherwise provided in any such law. Further, for the purposes of subsection (2) of this section, in determining whether the perpetrator is three (3) years or more older than the female, the difference in age shall be measured from the date of birth of the perpetrator to the date of birth of the female."

NiaMalek (talk) 06:20, 28 July 2010 (UTC)[reply]

Good catch. It is quite unfortunate for the law to still retain a gender-specific wording, whereby an adult woman grooming a male child is not considered rape (though it meets other offense criteria, just that rape has more severe consequences).
I also noted that the section is missing relevant statutes such as 18-1508. In addition, the section should be paraphrased much more rather than just simply cut-and-paste, with any statutory text at least marked in quotes.Legitimus (talk) 12:28, 28 July 2010 (UTC)[reply]

"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."

According to this statement and how it's worded, Nebraska's age of consent is not 17, but 16 for the purposes of penetration;

"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..."

And according to this statement and how it's worded, Nebraska's age of consent is 17 for the purposes of the offense of debauchery, which is defined by Dictionary.com to mean "excessive indulgence in sensual pleasures; intemperance." There is no mention of the Nebraska Legal Definition of Debauchery to dispute this generally accepted definition, thus this definition should hold in court on the assumption that it is not defined elsewhere within the confines of sexual law for Nebraska.

Thus, the conclusion stands that legally one could have consensual sexual intercourse at the age of 16, but non-penetrating sexual acts would be subjected to the generally accepted definition of debauchery and be held to a legal age of 17.

Please note any errors in this conclusion and reference any contradicting articles regarding sexual law. —Preceding unsigned comment added by 174.74.69.3 (talk) 18:09, 9 September 2010 (UTC)[reply]

I moved the following section to the talk page because the claims were unsourced or sourced to a nn blog, and I see no previous discussion or evidence of consensus for its inclusion.:

There is ongoing advocacy for a uniform age of consent. One proposal would make the national age of consent 18. If a state has an age of consent below the federal limit, 10% of federal education funds would be withheld. Thus far, Congress has not considered this or any other proposal to change the status quo. However there is a common misconception among many Americans that there is a federal limit at 18, but that is false, as the age limit in most states is in fact below 18. Some speculate that this is due to the production of most American television media being in southern California, so writers, and thus viewers, would be primarily familiar with only southern California's penal code.[2]

Info and claims should only be readded when they can be adequately sourced per WP:RS. Flowanda | Talk 00:09, 15 September 2010 (UTC)[reply]

Error in Connecticut

In the section it says that

  1. A 15-year-old born on February 1 can consent to a 18-year-old born on January 1. This is just under a 3-year age difference.
  2. A 15-year-old born on January 1 cannot consent to an 18-year-old born on February 1. This is just over, and illegal.


This is very unclear and should be rewritten to avoid the theoretical situation having to take place at a particular time of year. —Preceding unsigned comment added by Tungazzio (talkcontribs) 15:19, 17 September 2010 (UTC)[reply]

The explanation of MGL 272-4 is inaccurate and incomplete.

First, to satisfy this statute, the perpetrator must induce the child (of "chaste life") to engage in unlawful sexual intercourse. This means that the sexual act or transaction must be otherwise unlawful (i.e. prostitution). See, Commonwealth v. Foley, 24 Mass.App.Ct. 114 (1987) (defendant convicted of an attempt under 272-4 after offering 14 year-old boy money for fellatio, and boy refused). Note that even though the boy was under the standard age of consent given by MGL 265-23, the court applies 272-4 because the case involved an offer of an unlawful sexual act, and also probably because the defendant hadn't actually "attempted" statutory rape within the meaning of an "attempt."

In contrast, MGL 265-23 is overwhelmingly cited as the statute that sets the age of consent in Massachusetts. See, Commonwealth v. Miller, 385 Mass. 521 (1982); Commonwealth v. Rodriguez, 76 Mass.App.Ct. 59 (2009); among many others.

Thus, applicability of MGL 272-4 is clearly the exception, not the rule, limited to situations in which some illegality of the sexual conduct or transaction, such as prostitution or incest, is present.

Second, MGL 272-4 doesn't actually define a separate age of consent under these circumstances, but rather a completely separate crime that uses 18 as the maximum age for the victim. Notice that the maximum punishment under 272-4 is a $1,000 fine and two and a half years in prison. In contrast, MGL 265-23 authorizes life imprisonment. Thus, it is apparent that 272-4 doesn't actually raise the age of consent under certain circumstances. It it did, it would logically authorize courts to punish defendants convicted under it in accordance with the normal statutory rape punishments of 265-23, but 272-4 does not do this. Rather, it appears that 272-4 defines the completely separate crime of inducing someone under 18 to have otherwise unlawful sexual intercourse.

MacDaddy62 (talk) 21:32, 22 October 2010 (UTC)[reply]

The statement that there is a close in age exception for New Hampshire appears to be based on NH Criminal code Section 632-A:3. However, part I(c) of NH Criminal code Section 632-A:4 makes sexual penetration a crime when the age difference is 4 years or less, so there apparently is no close in age exception for sexual penetration.

However, note that part I(b) of 632-A:4 provides for a close in age exception for "sexual contact" (i.e. sexual touching).

Fabrickator (talk) 05:01, 29 November 2010 (UTC)[reply]

Citation for Montana

The citation given in the section on Montana's AoC is a dead link, and furthermore it isn't even an anchor link to a citation at the bottom of the page like usual citations. This is the link given: http://data.opi.state.mt.us/bills/mca_toc/45.htm . As far as I can tell, they redid their site and the link now would be this: http://data.opi.mt.gov/bills/mca_toc/45.htm . Going through the site myself, however, I think that the following link would be more relevant: http://data.opi.mt.gov/bills/mca/45/5/45-5-503.htm . Section 3(a):

(3) (a) If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.


Note that it talks about sex without consent but never explicitly states the age of consent. —Preceding unsigned comment added by 72.95.121.12 (talk) 06:24, 9 December 2010 (UTC)[reply]

New map

Who can make a new map for North America?

The current map is a cropped version of an old map, and it is very problematic:

  • it has the wrong colors for some Mexico states, it has the wrong color for Montana,
  • although the map now shows only North America, it has retained the old legend showing the color code for ages 9, 19, 20, 'must be married' and 'no law', though no countries in North America have such an age of consent, at the same time it does not show the correct color of 'puberty' for the Mexican states which have this age of consent,
  • the colors of the map are confusing: the shades of blue are barely distinguishable - other editors have also complained about this: http://en.wikipedia.org/wiki/File_talk:Age_of_Consent.png#Color_coding.
DONE! I've uploaded the file here. I tried editing the page itself and while I can edit it, I cannot edit the picture box for some reason. It says it's locked but I'm an established user, or so I thought. Really, I did think I was able to do so. Someone else will have to change the image. I'm going to be really upset if I completely wasted my time doing this. MagnoliaSouth (talk) 21:13, 24 April 2011 (UTC)[reply]
I have added it. I do not know why it was preventing you, but at least it works now. Good work btw!Legitimus (talk) 21:54, 24 April 2011 (UTC)[reply]

Re: Assimilative Crimes Act (ACA), 18 U.S.C.A. § 13(a). effect on State statutory rape laws

In this article it is suggested that under the (ACA) codified in 18 U.S.C.A. § 13(a), if federal law sets the age of consent lower than a state law, the the higher age of consent set by the state law will apply in a Federal prosecution under this title. This is incorrect. Section 13 is not intended to enlarge the scope of federal laws which criminalize the same conduct as the state law. Federal law already has a statutory rape provision which sets the age of consent at 16. Therefore, Federal law already has proscribed this conduct and no need for the federal law to be supplemented by any state law. Thus, if a state law sets the age of consent at 17, a federal court will prosecute a defendant under the existing federal law which sets the age of consent at 16. See Lewis v. United States, 523 U.S. 155, 118 S. Ct. 1135, 140 L. Ed. 2d 271 (1998) —Preceding unsigned comment added by 76.170.6.158 (talk) 00:21, 21 February 2011 (UTC)[reply]

Sorry but how do you prosecute someone for having sex with a 16 year old if the age of consent is 16? Are you saying someone can't be prosecuted for having sex with a 16 year old even if state law sets the age of consent at 17? Nil Einne (talk) 20:42, 26 May 2011 (UTC)[reply]

Dunno why I'm not considered autoconfirmed, must be the school.

There are two links that go to


http://touchngo.com/lglcntr/akstats/Statutes/Title11/Chapter41/Section438.htm

Replace the second one with: http://touchngo.com/lglcntr/akstats/Statutes/Title11/Chapter41/Section440.htm Because that is the law the second one claims to be referencing..--Darkmusashi (talk) 01:13, 9 March 2011 (UTC)[reply]

Time period

Given the interest in this subject both past and present, it might be useful to show how the ages/laws have changed over time. For example, someone might want to know what was legal in a particular state in 1930. Right now, the article only shows what is currently legal. Thus, a matrix might be more useful. Rklawton (talk) 04:16, 1 May 2011 (UTC)[reply]

A good idea, but it would be difficult. There isn't a lot of readily available documentation on the old laws in many places.Legitimus (talk) 12:11, 1 May 2011 (UTC)[reply]

Federal age of consent?

The article mentions things like crossing state lines, etc but doesn't seem to mention any federal age of consent. For example it says

The Assimilative Crimes Act (18 U.S.C. § 13) incorporates local state criminal law when on federal reservations such as Bureau of Land Management property, military posts and shipyards, national parks, national forests, inter alia. Consequently, if the relevant state's age of consent is higher than the federal age of consent, the higher age applies.

and although parts of this are disputed, more importantly it doesn't seem to define this federal age of consent (16 according to comments above) which I presume would apply to sex in these areas of the US but not involving any of the other aspects the article does mention. In other words, what would happen if the sex happened in a US military base (but didn't involve any members of the armed forces) or a national park or whatever?

The article does mention Chapter 109A in another section, is this what sets the federal age of consent? If so this should be more clearly specified.

Nil Einne (talk) 20:56, 26 May 2011 (UTC)[reply]

I did a little poking around with some of the federal statutes mentioned. Basically it's not explicitly indicated that the age of consent under federal law is 16, but rather a certain statute (18 U.S.C. 2243(a), which is part of Chapter 109A) makes it illegal on federal land or in territories (that is, US land that is not a state, like Guam) to have sex with someone between 12 and 16 if the perpetrator is more than 4 years older. This law technically doesn't effect states, and that is pretty normal. I forget the name for the legal concept, but in general the federal government keeps it's nose out of normal criminal matters unless it involves travel or transactions between states, or takes place on the aforementioned non-state lands.
The specific paragraph you mention is actually wrong from what I can tell. The relevant law, 18 U.S.C. § 13, just makes it so that if a crime happens on federal property or some other kind of land that isn't part of a state, but that land is situated in or next state, then that state's law will be the one that applies. There is no comparison in the law itself to any "federal age of consent," but rather it just specifies so long as there is not federal law they would otherwise be prosecuted under, then the state law applies. So for example a statutory rape case happens on Andrews Air Force Base, and it falls outside of 18 U.S.C. 2243(a) mentioned above, then Maryland's law applies.Legitimus (talk) 01:02, 27 May 2011 (UTC)[reply]