State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Children under 16 years of age are unable to consent to sexual intercourse regardless of the age of the defendant.[155] Individuals less than 18 years of age cannot consent to sexual intercourse if the defendant is 30 years of age or older except in those cases where the victim and the defendant are married to one another.[156]

Definition of Offenses

Offense Definition
2nd degree unlawful sexual contact[157] Intentional sexual contact[158] with another person who is less than 16 years of age.
4th degree rape[159] Intentionally engaging in sexual intercourse[160]/penetration[161] with someone who is less than 16 years of age.
Intentionally engaging in sexual intercourse with someone who is less than 18 years of age where the defendant is 30 years of age or older.
3rd degree rape[162] Intentionally engaging in sexual intercourse/penetration with someone who is less than 16 years of age where the defendant is at least 10 years older than the victim.
Intentionally engaging in sexual intercourse/penetration with someone who is less than 14 years of age where the defendant is 19 years of age or older.
2nd degree rape[163] Intentionally engaging in sexual penetration with someone who is less than 12 years of age where the defendant is 18 years of age or older.
1st degree rape[164] Intentionally engaging in sexual intercourse with someone who is less than 12 years of age where the defendant is 18 years of age or older.