Children who are less than 13 years of age are incapable of consent under all circumstances. Sexual activities with someone who is at least 13 years of age and less than 16 years of age are only legal if the defendant is less than 18 years of age and less than 4 years older than the victim.[518]
Definition of Offenses
| Offense | Definition |
|---|---|
| Criminal sexual contact of a minor[519] | Criminal sexual contact[520] with someone less than 13 years of age. |
| 4th degree criminal sexual penetration[521] | Criminal sexual penetration[522] with someone at least 13 years of age and less than 16 years of age where the defendant is at least 18 years of age, 4 years older than the victim, and not the victim’s spouse. |
| 1st degree criminal sexual penetration[523] | Criminal sexual penetration with someone less than 13 years of age. |