State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Children under 10 years of age are deemed incapable of consent regardless of the age of the defendant. Individuals who are less than 16 years of age can legally consent sexual penetration in cases where the defendant is less than 3 years older.[690] However, sexual contact with someone under 16 years of age is illegal regardless of the age of the defendant—unless the two individuals are married to one another.[691],[692]

Definition of Offenses

Offense Definition
Sexual contact with child under 16[693] Sexual contact[694] with someone under 16 years of age where the defendant is not the victim’s spouse.[695]
3rd degree rape[696] Engaging in sexual penetration[697] with someone at least 10 years of age and less than 16 years of age where the defendant is at least 3 years older than the victim.
1st degree rape[698] Engaging in sexual penetration with someone less than 10 years of age.
Criminal pedophilia[699] Engaging in sexual penetration with someone less than 13 years of age where the defendant is at least 26 years of age.