State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Sexual intercourse with someone less than 16 years of age is illegal,[797] with the following exceptions:

  • If the victim is at least 14 years of age and the defendant is less than 4 years older than the victim[798]
  • If the victim is at least 12 years of age and less than 14 years of age and the defendant is less than 3 years older than the victim[799]
  • If the victim is less than 12 years of age and the defendant is less than 2 years older than the victim[800]

Definition of Offenses

Offense Definition
3rd degree child molestation[801] Sexual contact[802] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 4 years older than the victim.
3rd degree rape of a child[803] Sexual intercourse[804] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 4 years older than the victim.
2nd degree child molestation[805] Sexual contact with someone at least 12 years of age and less than 14 years of age where the defendant is at least 3 years older than the victim.
2nd degree rape of a child[806] Sexual intercourse with someone at least 12 years of age and less than 14 years of age where the defendant is at least 3 years older than the victim.
1st degree child molestation[807] Sexual contact with someone less than 12 years of age where the defendant is at least 3 years older than the victim.
1st degree rape of a child[808] Sexual intercourse with someone less than 12 years of age where the defendant is at least 2 years older than the victim.

Note: These crimes are only applicable in cases where the defendant and victim were not married to one another at the time of the offense.