Children less than 16 years of age are deemed unable to consent,[817] with the following exceptions:
- If the victim is less than 16 years of age and the defendant is less than 16 years of age or less than 4 years older than the victim[818]
- If the victim is no more than 11 years of age and the defendant is less than 14 years of age[819]
Definition of Offenses
| Offense | Definition |
|---|---|
| 3rd degree sexual abuse[820] | Sexual contact[821] with someone less than 16 years of age where the defendant is at least 16 years of age and at least 4 years older than the victim. |
| 1st degree sexual abuse[822] | Sexual contact with someone less than 11 years of age where the defendant is at least 14 years of age. |
| 3rd degree sexual assault[823] | Engaging in sexual intercourse[824] or sexual intrusion[825] with someone less than 16 years of age where the defendant is at least 16 years of age or at least 4 years older than the victim. |
| 1st degree sexual assault[826] | Engaging in sexual intercourse or sexual intrusion with someone less than 11 years of age where the defendant is at least 14 years of age. |
Note: These crimes are only applicable in cases where the defendant and victim were not married to one another.