State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Engaging in sexual acts with someone less than 16 years of age is illegal,[556] with the following exceptions:

  • If the victim is at least 13 years of age and the defendant is no more than 4 years older than the victim or is the victim’s spouse.[557]
  • If the victim is less than 13 years of age and the defendant is no more than 4 years older than the victim.[558]

Definition of Offenses

Offense Definition
Indecent liberties between children[559] For the purpose of arousing or gratifying sexual desire—taking or attempting to take immoral, improper, or indecent liberties with someone of either sex where the defendant is less than 16 years of age and at least 3 years older than the victim.

For the purpose of arousing or gratifying sexual desire—committing or attempting to commit lewd or lascivious acts upon someone of either sex where the defendant is less than 16 years of age and at least 3 years older than the victim.

Taking indecent liberties with children[560] For the purpose of arousing or gratifying sexual desire—taking or attempting to take immoral, improper, or indecent liberties with someone of either sex less than 16 years of age where the defendant is at least 16 years of age and at least 5 years older than the victim.

Committing or attempting to commit lewd or lascivious acts upon someone of either sex less than 16 years of age where the defendant is at least 16 years of age and at least 5 years older than the victim.

Statutory rape or sexual offense of person who is 13, 14, or 15 years old[561] Engaging in vaginal intercourse or a sexual act[562] with someone at least 13 years of age and less than 16 years of age where the defendant is more than 4 years older than the victim and not the victim’s spouse.[563]
1st degree sexual offense[564] Engaging in a sexual act with someone less than 13 years of age where the defendant is at least 12 years of age and at least 4 years older than the victim.
1st degree rape[565] Engaging in vaginal intercourse with someone less than 13 years of age where the defendant is at least 12 years of age and at least 4 years older than the victim.