State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

A child less than 14 years of age is unable to consent to sexual intercourse with a person more than 2 years older than him or her. A child between 14 and 16 years of age is unable to consent to sexual intercourse with a person more than 3 years older than him or her.[422]

Definition of Offenses

Offense Definition
Touching, handling, etc., of a child[423] Handling, touching, or rubbing someone less than 16 years of age by someone more than 18 years of age, for the purpose of gratifying his or her lust or indulging his or her depraved licentious sexual desires.
Sexual battery[424] Engaging in sexual penetration[425] with someone at least 14 years of age and less than 16 years of age where the defendant is 17 years of age or older and more than 3 years older than the victim.

Engaging in sexual penetration with someone less than 14 years of age where the defendant is more than 2 years older than the victim.

Statutory rape[426] Sexual intercourse[427] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 17 years of age, more than 3 years older than the victim, and not the victim’s spouse.

Sexual intercourse with someone less than 14 years of age where the defendant is more than 2 years older than the victim and not the victim’s spouse.