State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

An individual is deemed incapable of consent is he or she is less than 16 years of age.[371] However, engaging in voluntary sexual intercourse or sexual acts with a victim who is less than 16 years of age is legal as long as the defendant is less than 4 years older than the victim.[372]

Definition of Offenses

Offense Definition
Sexual offense in the 4th degree[373] Engaging in vaginal intercourse or a sexual act[374] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 4 years older than the victim.
Sexual offense in the 3rd degree[375] Engaging in sexual contact[376] with someone less than 14 years of age where the defendant is at least 4 years older than the victim.
Engaging in vaginal intercourse or a sexual act with someone at least 14 years of age and less than 16 years of age where the defendant is at least 21 years of age.
Sexual offense in the 2nd degree[377] Engaging in a sexual act with someone less than 14 years of age where the defendant is at least 4 years older than the victim.
2nd degree rape[378] Engaging in a vaginal intercourse with someone less than 14 years of age where the defendant is at least 4 years older than the victim.