State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Intercourse with a female under 18 years of age is considered rape, regardless of the age of the defendant.[227] The only defense to this crime is if the defendant is the victim’s spouse.[228] Sexual acts, not amounting to penetration, with a minor who is less than 18 years of age but at least 16 years of age are legal in cases where the defendant is less than 5 years older than the victim.[229]

Definition of Offenses

Offense Definition
Sexual battery of a minor child 16 or 17 years of age[230] With the intent to gratify the lust, passions, or sexual desire of any party—committing lewd or lascivious acts,[231] soliciting a minor to participate in a sexual act,[232] or engaging in sexual contact[233] where the victim is at least 16 years of age and less than 18 years of age and the defendant is 5 or more years older than the victim.
Sexual abuse of a child under the age of 16 years[234] With the intent to gratify the lust, passions, or sexual desire of any party—soliciting a minor to participate in a sexual act or engaging in sexual contact where the victim is less than 16 years of age and the defendant is at least 18 years of age.
Lewd conduct with a minor under 16[235] With the intent to gratify the lust, passions, or sexual desire of any party—committing lewd or lascivious acts with someone less than 16 years of age.
Rape[236] Penetration[237] of a female who is less than 18 years of age and not the victim’s spouse.[238]