State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Sexual acts with someone under 16 years of age are illegal, with the following exceptions:

  • If the victim is less than 13 years of age and the defendant is no more than 3 years older than the victim[410]
  • If the victim is at least 13 years of age and the defendant is no more than 2 years older than the victim.[411]

Definition of Offenses

Offense Definition
4th degree criminal sexual conduct[412] Engaging in sexual contact[413] with someone less than 13 years of age where the defendant is no more than 3 years older than the victim.

Engaging in sexual contact with someone at least 13 years of age and less than 16 years of age where the defendant is more than 4 years older than the victim.

3rd degree criminal sexual conduct[414] Engaging in sexual penetration[415] with someone less than 13 years of age where the defendant is no more than 3 years older than the victim.

Engaging in sexual penetration with someone at least 13 years of age less and than 16 years of age where the defendant is more than 2 years older than the victim.

2nd degree criminal sexual conduct[416] Engaging in sexual contact with someone less than 13 years of age where the defendant is more than 3 years older than the victim.
1st degree criminal sexual conduct[417] Engaging in sexual penetration with someone less than 13 years of age where the defendant is more than 3 years older than the victim.