State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

An individual is deemed incapable of consent when he or she is less than 18 years of age.[618] Sexual intercourse with someone less than 18 years of age is legal if the victim is at least 15 years of age and the defendant is less than 3 years older than the victim.[619]

Definition of Offenses

Offense Definition
Sexual misconduct[620] Engaging in sexual intercourse[621] or deviate sexual intercourse[622] with an unmarried person less than 15 years of age.

Engaging in sexual intercourse or deviate sexual intercourse with an unmarried person at least 15 years of age and less than 18 years of age where the defendant is at least 3 years older than the victim.

Contributing to the sexual delinquency of a minor[623] Engaging in sexual intercourse with someone of the opposite sex or deviate sexual intercourse where the victim is less than 18 years of age and where the defendant is at least 18 years of age and at least 3 years older than the victim.
3rd degree sexual abuse[624] Sexual contact[625] with someone less than 18 years of age where the defendant is at least 3 years older than the victim.
3rd degree rape[626] Engaging in sexual intercourse with someone less than 16 years of age where the defendant is at least 3 years older than the victim.
1st degree sexual abuse[627] Sexual contact with someone less than 14 years of age where the defendant is at least 3 years older than the victim.
2nd degree rape[628] Engaging in sexual intercourse with someone less than 14 years of age where the defendant is at least 3 years older than the victim.
2nd degree unlawful sexual penetration[629] Unlawful sexual penetration[630] of someone less than 14 years of age where the defendant is at least 3 years older than the victim.[631]
1st degree rape[632] Engaging in sexual intercourse with someone less than 12 years of age.
1st degree unlawful sexual penetration[633] Unlawful sexual penetration of someone less than 12 years of age.