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States’ statutory rape offenses detail the age at which an individual can legally consent to sexual activity. This section focuses on laws addressing sexual intercourse.10Table 1 summarizes, where applicable, each state’s:
- Age of consent. This is the age at which an individual can legally consent to sexual intercourse under any circumstances;
- Minimum age of victim. This is the age below which an individual cannot consent to sexual intercourse under any circumstances;
- Age differential. If the victim is above the minimum age and below the age of consent, the age differential is the maximum difference in age between the victim and the defendant where an individual can legally consent to sexual intercourse; and
- Minimum age of defendant in order to prosecute. This is the age below which an individual cannot be prosecuted for engaging in sexual activities with minors. The table notes those states in which this law only applies when the victim is above a certain age.
As the first column in Table 1 shows, the age of consent varies by state. In the majority of states (34), it is 16 years of age. In the remaining states, the age of consent is either 17 or 18 years old (6 and 11 states, respectively).
State | Age of consent | Minimum age of victim | Age differential between the victim and defendant (if victim is above minimum age) | Minimum age of defendant in order to prosecute |
---|---|---|---|---|
Note: Some states have marital exemptions. This Table assumes the two parties are not married to one another. | ||||
Alabama | 16 | 12 | 2 | 16 |
Alaska | 16 | N/A | 3 | N/A |
Arizona | 18 | 15 | 2 (defendant must be in high school and < 19) | N/A |
Arkansas | 16 | N/A | 3 (if victim is < 14) | 20 (if victim is e 14) |
California | 18 | 18 | N/A | N/A |
Colorado | 17 | N/A | 4 (if victim is < 15), 10 (if victim is < 17) | N/A |
Connecticut | 16 | N/A11 | 2 | N/A |
Delaware | 1812 | 16 | N/A | N/A |
District of Columbia | 16 | N/A | 4 | N/A |
Florida | 18 | 16 | N/A | 24 (if victim is e 16) |
Georgia | 16 | 16 | N/A | N/A |
Hawaii | 16 | 14 | 5 | N/A |
Idaho | 1813 | 18 | N/A | N/A |
Illinois | 17 | 17 | N/A | N/A |
Indiana | 16 | 14 | N/A | 18 (if victim is e 14) |
Iowa | 16 | 14 | 4 | N/A |
Kansas | 16 | 16 | N/A | N/A |
Kentucky | 16 | 16 | N/A | N/A |
Louisiana | 17 | 13 | 3 (if victim is < 15), 2 (if victim is < 17) | N/A |
Maine | 16 | 1414 | 5 | N/A |
Maryland | 16 | N/A | 4 | N/A |
Massachusetts | 16 | 16 | N/A | N/A |
Michigan | 16 | 1615 | N/A | N/A |
Minnesota | 16 | N/A | 3 (if victim is < 13), 2 (if victim is < 16) | N/A |
Mississippi | 16 | N/A | 2 (if victim is < 14), 3 (if victim is < 16) | N/A |
Missouri | 17 | 14 | N/A | 21 (if victim is e 14) |
Montana | 16 | 1616 | N/A | N/A |
Nebraska | 16 | 1617 | N/A | 19 |
Nevada | 16 | 16 | N/A | 18 |
New Hampshire | 16 | 16 | N/A | N/A |
New Jersey | 16 | 1318 | 4 | N/A |
New Mexico | 16 | 13 | 4 | 18 (if victim is e 13) |
New York | 17 | 17 | N/A | N/A |
North Carolina | 16 | N/A | 4 | 12 |
North Dakota | 18 | 15 | N/A | 18 (if victim is e 15) |
Ohio | 16 | 13 | N/A | 18 (if victim is e 13) |
Oklahoma | 16 | 14 | N/A | 18 (if victim is > 14) |
Oregon | 18 | 15 | 3 | N/A |
Pennsylvania | 16 | 13 | 4 | N/A |
Rhode Island | 16 | 14 | N/A | 18 (if victim is e 14) |
South Carolina | 16 | 14 | Illegal if victim is 14 to 16 and defendant is older than victim | N/A |
South Dakota | 16 | 1019 | 3 | N/A |
Tennessee | 18 | 13 | 4 | N/A |
Texas | 17 | 14 | 3 | N/A |
Utah | 18 | 16 | 10 | N/A |
Vermont | 16 | 16 | N/A | 16 |
Virginia | 18 | 15 | N/A | 18 (if victim is e 15) |
Washington | 16 | N/A | 2 (if victim is < 12), 3 (if victim is < 14), 4 (if victim is < 16) | N/A |
West Virginia | 16 | N/A | 4 (if victim is e 11) | 16, 14 (if victim is < 11) |
Wisconsin | 18 | 18 | N/A | N/A |
Wyoming | 16 | N/A | 4 | N/A |
A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex. Only 12 states have a single age of consent, below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent. For example, in Massachusetts, the age of consent is 16.
In the remaining 39 states, other factors come into play: age differentials, minimum age of the victim, and minimum age of the defendant. Each is described below.
Minimum age requirement. In 27 states that do not have a single age of consent, statutes specify the age below which an individual cannot legally engage in sexual intercourse regardless of the age of the defendant (see the second column in Table 1). The minimum age requirements in these states range from 10 to 16 years of age. The legality of sexual intercourse with an individual who is above the minimum age requirement and below the age of consent is dependent on the difference in ages between the two parties and/or the age of the defendant.
- In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim.
Age differential. In 27 states, the legality of engaging in sexual intercourse with minors is, at least in some circumstances, based on the difference in age between the two parties (see the third column in Table 1). In 12 of these states, the legality is based solely on the difference between the ages of the two parties. For example:
- In the District of Columbia it is illegal to engage in sexual intercourse with someone who is under the age of consent (16) if the defendant is 4 or more years older than the victim.
- Although it is less common, the age differentials in some states vary depending on the age of the victim.
- In Washington, sexual intercourse with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is 4 or more years older than the victim. The age differential decreases in cases where the victim is less than 14 years of age (3 years), further decreasing if the victim is less than 12 years of age (2 years).
Minimum age of defendant in order to prosecute. Sixteen states set age thresholds for defendants, below which individuals cannot be prosecuted for engaging in sexual intercourse with minors (see the last column in Table 1).
- In Nevada, the age of consent is 16; however, sexual intercourse with someone who is under 16 years of age is illegal only if the defendant is at least 18 years of age (the age at which the defendant can be prosecuted).
States that set a minimum age of the defendant also tend to have minimum age requirements for the victim. Often, the age of the defendant is only relevant if the victim is above the minimum age requirement.
- In Ohio, sexual intercourse with someone under 13 years of age is illegal regardless of the age of the defendant. However, if the victim is above this minimum age requirement (13) and below the age of consent (16), it is only illegal to engage in sexual intercourse with that individual if the defendant is at least 18 years of age.
State Dating Laws In Jamestown Ny Zip
Some states define minimum age thresholds for defendants and age differentials.
- In North Carolina, the age of consent is 16. Sexual intercourse with someone who is under the age of consent is only illegal if the defendant is: (1) at least 4 years older than the victim and (2) at least 12 years of age (the age at which the defendant can be prosecuted).
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The legal age of consent in the United States at the federal level is 16 years. Sexual relationships with a person aged less than 16 years amount to statutory rape, and it is punishable by the law. Apart from the federal law on statutory rape, each of the states in the US has its local laws regarding consensual sex. The consensual age varies from 16 years to 18 years depending on the state.
The Legal Age of Consent in the Us by State
States Where the Consensual Age Is 16 Years
In 32 of the US states, the legal age of consent is 16 years. They include Alaska, Alabama, Arkansas, District of Columbia, Connecticut, Georgia, Indiana, Hawaii, Iowa, Kentucky, Kansas, Maine, Massachusetts, Maryland, Michigan, Mississippi, Minnesota, Montana, Nevada, Nebraska, New Jersey, New Hampshire, North Carolina, Oklahoma, Ohio, Pennsylvania, South Carolina, Rhode Island, South Dakota, Vermont, West Virginia, and Washington.
18 of these states have close in age exemption laws which protect underage couples who consent to sexual activities from prosecution, even in cases where one of the partners is slightly over the age of consent. In Connecticut for example, a person aged 13 years can give in to a sexual relationship if the older partner is not more than three years their senior. Children who are less than 13 years old can also consent to sexual activities with partners who are not more than two years older. However, if the older partner is a guardian or a person of authority to the minor, the age of consent is 18 years.
States Where the Consensual Age Is 17 Years
In Wyoming, Texas, New York, New Mexico, Missouri, Louisiana, Illinois, and Colorado, persons aged less than 17 years cannot legally agree to sexual relations. Out of the eight states, only Colorado and New Mexico have a close in age exception. In New Mexico, a person who is 18 years or older can have a consensual sexual relationship with a person aged below 17 years as long as they are not more than four years younger. This law, however, does not apply in cases where the older partner is an employee, volunteer, or health service provider in the minor’s school.
States Where the Consensual Age Is 18 Years
Eleven states, including Wisconsin, Virginia, Utah, Tennessee, Oregon, North Dakota, Idaho, Florida, Delaware, California, and Arizona, outlaw sexual relationships with partners who are below 18 years of age. Only six of these states have close in age exceptions to prevent the prosecution of partners who engage in consensual sex with minors within their age brackets. In Tennessee, for example, teenagers aged between 13 and 18 years can agree to sexual activities with partners who are not more than four years older.
Protection of Minors
State Dating Laws In Jamestown Ny Real Estate
Statutory rape laws are necessary for the society because they protect minors from sexual exploitation. Most communities deem young people capable of making decisions concerning intimate relationships when they attain 16 years of age. However, even in these societies, persons below 18 years of age are still considered as children and the law protects them from sexual exploitation, especially by persons of authority and close relatives such as guardians.