State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

An individual is deemed incapable of consent if he or she is less than 16 years of age,[38] with the following exceptions:

  •     Sexual intercourse with a victim who is greater than 12 years of age and less than 16 years of age is not considered rape if the defendant is less than 2 years older than the victim.[39]
  •     Sexual contact with a victim who is greater than 12 years of age and less than 16 years of age is legal as long as the defendant is less than 19 years of age.[40]

Children under 12 years of age are unable to consent to a sexual act regardless of the age of the defendant (although the act is only considered rape in cases where the defendant is at least 16 years of age).[41]

Definition ofOffenses

Offense Definision
2nd degree sexual abuse[42] Sexual contact[43] with someone more than 12 years of age and less than 16 years of age and where the defendant is at least 19 years of age.
1st degree sexual abuse[44] Sexual contact with someone less than 12 years of age where the defendant is at least 16 years of age.
2nd degree rape[45] Engaging in sexual intercourse[46] with someone of the opposite sex more than 12 years of age and less than 16 years of age where the defendant is at least 16 years of age and at least 2 years older than the victim.
1st degree rape[47] Engaging is sexual intercourse with someone of the opposite sex less than 12 years of age where the defendant is at least 16 years of age.