State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Children under 16 years of age are unable to consent to sexual activity,[54] with the following exceptions:

  • If the defendant and victim are married to one another[55]
  • If the victim is at least 13 years of age and the defendant is less than 3 years older than the victim[56]
  • If the victim is less than 13 years of age and the defendant is less than 16 years of age and less than 3 years older than the victim[57]

Definition of Offenses

Offense Definition
4th degree sexual abuse of a minor[58] Sexual penetration or sexual contact with a person under 13 years of age where the defendant is under 16 years of age and at least 3 years older than the victim.
3rd degree sexual abuse of a minor[59] Sexual contact with someone 13, 14, or 15 years of age where the defendant is at least 16 years of age and at least 3 years older than the victim.
2nd degree sexual abuse of a minor[60] Sexual penetration (or aiding, inducing, causing, or encouraging sexual penetration) of someone 13, 14, or 15 years of age where the defendant is at least 16 years of age and at least 3 years older than the victim.
Sexual contact (or aiding, inducing, causing, or encouraging sexual contact) with someone under 13 years of age where the defendant is at least 16 years of age.
1st degree sexual abuse of a minor[61] Sexual penetration (or aiding, inducing, causing, or encouraging sexual penetration) of someone under 13 years of age where the defendant is at least 16 years of age.

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.[62]