State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

A child under 16 years of age is unable to consent to sexual intercourse.[393] However, sexual contact with a child at least 13 years of age and less than 16 years of age is illegal if the defendant is less than 5 years older than the victim.[394]

Definition of Offenses

Offense Definition
4th degree criminal sexual conduct[395] Engaging in sexual contact[396] with someone at least 13 years of age and less than 16 years of age where the defendant is at least 5 years older than the victim.
3rd degree sexual conduct[397] Engaging in sexual penetration[398] with someone at least 13 years of age and less than 16 years of age.
2nd degree sexual conduct[399] Engaging in sexual contact with someone less than 13 years of age.
1st degree sexual conduct[400] Engaging in sexual penetration with someone less than 13 years of age.

Note: A person may not be prosecuted for any of these crimes solely because his or her spouse is less than 16 years of age.