State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

A child who is less than 16 years of age cannot consent to sexual acts,[348] with the following exceptions:

  • Engaging in a voluntary sexual act with a victim who is at least 14 years of age and less than 16 years of age is not illegal if the defendant is less than 5 years older than the victim.[349]
  • Voluntary sexual contact with a victim who is at least 14 years of age and less than 16 years of age is not illegal if the defendant is less than 10 years older than the victim.[350]
  • Voluntary sexual contact with a victim under 14 years of age is not considered to be unlawful sexual contact if the defendant is less than 3 years older than the victim.[351]
  • Voluntary sexual touching with a victim under 14 years of age is exempted from prosecution if the defendant is less than 5 years older than the victim.[352]

It is illegal to engage in a sexual act with someone less than 14 years of age regardless of the age of the defendant.[353]

Definition of Offenses

Offense Definition
Sexual abuse of minors[354] Engaging in a sexual act[355] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 5 years older than victim.
Sexual contact[356] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 10 years older than victim.
Unlawful sexual touching[357] Subjecting someone less than 14 years of age to sexual touching[358] where the defendant is at least 5 years older than victim.
Unlawful sexual contact[359] Sexual contact with someone less than 14 years of age where the defendant is at least 3 years older than victim.[360]
Gross sexual assault[361] Engaging in a sexual act with someone less than 14 years of age.

Note: These crimes are only applicable in cases where the defendant is not the victim’s spouse.