State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

An individual is deemed incapable of consent when he or she is less than 17 years of age.[530] Individuals are exempt from prosecution for rape or criminal sexual acts under the following circumstances:

  • If the victim is between 15 and 17 years of age and the defendant is less than 21 years of age[531]
  • If the victim is between 11 and 15 years of age and the defendant is less than 18 years of age or less than 4 years older than the victim[532]

However, engaging in sexual intercourse or deviate sexual intercourse with someone under 17 years is considered sexual misconduct (a misdemeanor) regardless of the age of the defendant.[533]

Definition of Offenses

Offense Definition
3rd degree sexual abuse[534] Sexual contact[535] with someone more than 14 years of age and less than 17 years of age where the defendant is at least 5 years older than the victim.
2nd degree sexual abuse[536] Sexual contact with someone less than 14 years of age.
Sexual misconduct[537] Engaging in sexual intercourse,[538] oral sexual conduct,[539] or anal sexual conduct[540] with someone less than 17 years of age.
3rd degree rape[541] Engaging in sexual intercourse with someone less than 17 years of age where the defendant is at least 21 years of age.
3rd degree criminal sexual act[542] Engaging in oral or anal sexual conduct with someone less than 17 years of age.
1st degree sexual abuse[543] Sexual contact with someone less than 11 years of age.
2nd degree rape[544] Engaging in sexual intercourse with someone less than 15 years of age where the defendant is at least 18 years of age and 4 or more years older than the victim.
2nd degree criminal sexual act[545] Engaging in oral or anal sexual conduct with someone less than 15 years of age where the defendant is at least 18 years of age and 4 or more years older than the victim.
1st degree rape[546] Engaging in sexual intercourse with someone less than 11 years of age.

Engaging in sexual intercourse with someone less than 13 years of age where the defendant is at least 18 years of age.

1st degree criminal sexual act[547] Engaging in oral or anal sexual conduct with someone less than 11 years of age.

Engaging in oral or anal sexual conduct with someone less than 13 years of age where the defendant is at least 18 years of age.

Note: Marriage is a defense to all of the offenses listed above if the act is only illegal due to the fact that the victim is less than 17 years of age.[548]