State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

Children under 14 years of age are unable to consent to sexual activities under any circumstances. Individuals less than 16 years of age and at least 14 years of age can consent to sexual activities if the defendant is less than 5 years older than the victim or is the victim’s spouse.[217]

Definition of Offenses

Offense Definition
3rd degree sexual assault[218] Engaging in sexual contact[219] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 5 years older than the victim and not the victim’s spouse.
1st degree sexual assault[220] Engaging in sexual penetration[221] with someone less than 14 years of age.
Engaging in sexual penetration with someone at least 14 years of age and less than 16 years of age where the defendant is at least 5 years older than the victim and not the victim’s spouse.