State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

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.