A child less than 14 years of age is unable to consent to sexual intercourse regardless of the age of the defendant.[434] A child between 14 and 17 years of age is unable to consent to sexual intercourse with someone who is 21 years of age or older.[435]
The laws cited above offer scenarios where sexual intercourse with someone less than 17 years of age is legal. However a person is guilty of second degree child molestation (a misdemeanor) if he or she subjects a child who is less than 17 years of age to sexual contact—even if the defendant is less than 21 years of age.[436]
Definition of Offenses
| Offense | Definition |
|---|---|
| 2nd degree child molestation[437] | Sexual contact[438] with someone less than 17 years of age. |
| 2nd degree statutory sodomy[439] | Deviate sexual intercourse[440] with someone less than 17 years of age where the defendant is at least 21 years of age. |
| 2nd degree statutory rape[441] | Sexual intercourse[442] with someone less than 17 years of age where the defendant is at least 21 years of age. |
| 1st degree child molestation[443] | Sexual contact with someone less than 14 years of age. |
| 1st degree statutory sodomy[444] | Deviate sexual intercourse with someone less than 14 years of age.[445] |
| 1st degree statutory rape[446] | Sexual intercourse with someone less than 14 years of age.[447] |
Note: These crimes are only applicable in cases where the defendant and victim were not married to one another at the time of the offense.[448]
