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 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]