State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

A child who is 14 years of age or less cannot consent to sexual activity, regardless of the age of the defendant. Sexual activity with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is older than the victim.[677]

Definition of Offenses

Offense Definition
Committing or attempting lewd act upon child under 16[678] With the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either party—willfully and lewdly committing or attempting to commit a lewd or lascivious act upon or with someone less than 16 years of age where the defendant is over 14 years of age.
2nd degree criminal sexual conduct with minors[679] Engaging in sexual battery[680] with someone at least 11 years of age and less than 14 years of age.

Engaging in sexual battery with someone who is at least 14 years of age and less than 16 years of age where the defendant is older than the victim and not the victim’s spouse.

1st degree criminal sexual conduct with minors[681] Engaging in sexual battery with someone less than 11 years of age.

Note: Sexual acts between minors are exempt from prosecution in cases where the victim and defendant are married to one another. However, this exemption is not applicable to marriages entered into by a male under 16 years of age or a female under 14 years of age.[682]