State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Individuals under 14 years of age cannot consent to sexual activities, with the following exception:

  • If the victim is at least 12 years of age and less than 14 years of age and the defendant is no more than 3 years older than the victim[85]
  • If the victim is less than 12 years of age and the defendant is no more than 3 years older than the victim[86]

In addition, children less than 16 years of age cannot consent to sexual activity if the defendant is at least 20 years of age.[87]

Definition of Offenses

Offense Definition
4th degree sexual assault[88] Sexual intercourse,[89] deviate sexual activity,[90] or sexual contact[91] with someone less than 16 years of age where the defendant is at least 20 years of age.
3rd degree sexual assault[92] Sexual intercourse or deviate sexual activity with someone less than 14 years of age where the defendant is under 18 years of age and more than 3 years older than the victim.
2nd degree sexual assault[93] Sexual contact with someone less than 14 years of age where the defendant is at least 18 years of age.
Sexual contact with someone at least 12 years of age and less than 14 years of age and where the defendant is less than 18 years of age and more than 4 years older than the victim.
Sexual contact with someone less than 12 years of age where the defendant is less than 18 years of age and more than 3 years older than the victim.
Rape[94] Sexual intercourse or deviate sexual intercourse with someone less than 14 years of age where the defendant is more than 3 years older than the victim.

Note: These crimes are only applicable in cases where the defendant and victim were not married to one another at the time of the offense.[95]