Statutory Rape: A Guide to State Laws and Reporting Requirements. Statutory Rape — Criminal Offenses

As noted above, few states use the term statutory rape in their codes. Instead, criminal codes specify the legality of specific sexual acts. The applicable laws are often embedded in the section of the code dealing with other sexual offenses (e.g., sexual assault, forcible rape).

This section summarizes some key provisions of state statutory rape laws.⁹  Subsection 1 examines the legality of sexual activities involving minors (e.g., age of consent). Subsection 2 describes briefly the variety of offenses delineated in state statutes.

• Sexual Intercourse with Minors

  • States’ statutory rape offenses detail the age at which an individual can legally consent to sexual activity. This section focuses on laws addressing sexual intercourse.¹⁰Table 1 summarizes, where applicable, each state’s:

    • Age of consent. This is the age at which an individual can legally consent to sexual intercourse under any circumstances;
    • Minimum age of victim. This is the age below which an individual cannot consent to sexual intercourse under any circumstances;
    • Age differential. If the victim is above the minimum age and below the age of consent, the age differential is the maximum difference in age between the victim and the defendant where an individual can legally consent to sexual intercourse; and
    • Minimum age of defendant in order to prosecute. This is the age below which an individual cannot be prosecuted for engaging in sexual activities with minors. The table notes those states in which this law only applies when the victim is above a certain age.

    As the first column in Table 1 shows, the age of consent varies by state. In the majority of states (34), it is 16 years of age. In the remaining states, the age of consent is either 17 or 18 years old (6 and 11 states, respectively).

    Table 1:
    State Age Requirements

    State	Age of consent	Minimum age of victim	Age differential between the victim and defendant (if victim is above minimum age)	Minimum age of defendant in order to prosecute
    Note: Some states have marital exemptions. This Table assumes the two parties are not married to one another.
    Alabama	16	12	2	16
    Alaska	16	N/A	3	N/A
    Arizona	18	15	2 (defendant must be in high school and < 19)	N/A
    Arkansas	16	N/A	3 (if victim is < 14)	20 (if victim is e 14)
    California	18	18	N/A	N/A
    Colorado	17	N/A	4 (if victim is < 15), 10 (if victim is < 17)	N/A
    Connecticut	16	N/A11	2	N/A
    Delaware	1812	16	N/A	N/A
    District of Columbia	16	N/A	4	N/A
    Florida	18	16	N/A	24 (if victim is e 16)
    Georgia	16	16	N/A	N/A
    Hawaii	16	14	5	N/A
    Idaho	1813	18	N/A	N/A
    Illinois	17	17	N/A	N/A
    Indiana	16	14	N/A	18 (if victim is e 14)
    Iowa	16	14	4	N/A
    Kansas	16	16	N/A	N/A
    Kentucky	16	16	N/A	N/A
    Louisiana	17	13	3 (if victim is < 15), 2 (if victim is < 17)	N/A
    Maine	16	1414	5	N/A
    Maryland	16	N/A	4	N/A
    Massachusetts	16	16	N/A	N/A
    Michigan	16	1615	N/A	N/A
    Minnesota	16	N/A	3 (if victim is < 13), 2 (if victim is < 16)	N/A
    Mississippi	16	N/A	2 (if victim is < 14), 3 (if victim is < 16)	N/A
    Missouri	17	14	N/A	21 (if victim is e 14)
    Montana	16	1616	N/A	N/A
    Nebraska	16	1617	N/A	19
    Nevada	16	16	N/A	18
    New Hampshire	16	16	N/A	N/A
    New Jersey	16	1318	4	N/A
    New Mexico	16	13	4	18 (if victim is e 13)
    New York	17	17	N/A	N/A
    North Carolina	16	N/A	4	12
    North Dakota	18	15	N/A	18 (if victim is e 15)
    Ohio	16	13	N/A	18 (if victim is e 13)
    Oklahoma	16	14	N/A	18 (if victim is > 14)
    Oregon	18	15	3	N/A
    Pennsylvania	16	13	4	N/A
    Rhode Island	16	14	N/A	18 (if victim is e 14)
    South Carolina	16	14	Illegal if victim is 14 to 16 and defendant is older than victim	N/A
    South Dakota	16	1019	3	N/A
    Tennessee	18	13	4	N/A
    Texas	17	14	3	N/A
    Utah	18	16	10	N/A
    Vermont	16	16	N/A	16
    Virginia	18	15	N/A	18 (if victim is e 15)
    Washington	16	N/A	2 (if victim is < 12), 3 (if victim is < 14), 4 (if victim is < 16)	N/A
    West Virginia	16	N/A	4 (if victim is e 11)	16, 14 (if victim is < 11)
    Wisconsin	18	18	N/A	N/A
    Wyoming	16	N/A	4	N/A

    A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex. Only 12 states have a single age of consent, below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent. For example, in Massachusetts, the age of consent is 16.

    In the remaining 39 states, other factors come into play: age differentials, minimum age of the victim, and minimum age of the defendant. Each is described below.

    Minimum age requirement. In 27 states that do not have a single age of consent, statutes specify the age below which an individual cannot legally engage in sexual intercourse regardless of the age of the defendant (see the second column in Table 1). The minimum age requirements in these states range from 10 to 16 years of age. The legality of sexual intercourse with an individual who is above the minimum age requirement and below the age of consent is dependent on the difference in ages between the two parties and/or the age of the defendant.

    • In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim.

    Age differential. In 27 states, the legality of engaging in sexual intercourse with minors is, at least in some circumstances, based on the difference in age between the two parties (see the third column in Table 1). In 12 of these states, the legality is based solely on the difference between the ages of the two parties. For example:

    • In the District of Columbia it is illegal to engage in sexual intercourse with someone who is under the age of consent (16) if the defendant is 4 or more years older than the victim.
    • Although it is less common, the age differentials in some states vary depending on the age of the victim.
    • In Washington, sexual intercourse with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is 4 or more years older than the victim. The age differential decreases in cases where the victim is less than 14 years of age (3 years), further decreasing if the victim is less than 12 years of age (2 years).

    Minimum age of defendant in order to prosecute. Sixteen states set age thresholds for defendants, below which individuals cannot be prosecuted for engaging in sexual intercourse with minors (see the last column in Table 1).

    • In Nevada, the age of consent is 16; however, sexual intercourse with someone who is under 16 years of age is illegal only if the defendant is at least 18 years of age (the age at which the defendant can be prosecuted).

    States that set a minimum age of the defendant also tend to have minimum age requirements for the victim. Often, the age of the defendant is only relevant if the victim is above the minimum age requirement.

    • In Ohio, sexual intercourse with someone under 13 years of age is illegal regardless of the age of the defendant. However, if the victim is above this minimum age requirement (13) and below the age of consent (16), it is only illegal to engage in sexual intercourse with that individual if the defendant is at least 18 years of age.

    Some states define minimum age thresholds for defendants and age differentials.

    • In North Carolina, the age of consent is 16. Sexual intercourse with someone who is under the age of consent is only illegal if the defendant is: (1) at least 4 years older than the victim and (2) at least 12 years of age (the age at which the defendant can be prosecuted).

• Definition of Offenses

  • States’ laws addressing sexual activity involving minors are usually included in the section of the criminal code devoted to sexual offenses. Each state summary (Section III) includes a table detailing all of the offenses in the statute that deal with statutory rape.

    As noted above, most states do not have laws that specifically use the term “statutory rape;” only five include the offense of statutory rape.²⁰ More often, state statutes include a variety of offenses addressing voluntary sexual activity involving minors. In New Jersey, for example, sexual activities involving minors is addressed in three offenses: criminal sexual contact, sexual assault, and aggravated sexual assault. The ages of the victim and the defendant as well as the nature of the sexual activity dictate under which offense the conduct falls.

    In some cases, provisions addressing statutory rape are embedded in rape or sexual assault laws that typically apply to violent offenses. For example, New Hampshire defines “felonious sexual assault” as voluntary sexual penetration with someone who is at least 13 years of age and under 16 years of age, as well as acts involving the use of physical force irrespective of the age of either party. Other states have separate offenses specifically concerned with sexual crimes involving a minor. For example, Alaska’s statute includes four offenses that deal specifically with the sexual abuse of a minor.

    State statutes also use a variety of terms when referring to sexual acts (e.g., sexual intercourse, sexual penetration, sexual contact, indecent contact), and the definitions of these terms are not always consistent across states. The descriptions of the offenses within each state summary use the specific terms from the statutes and the summaries include footnoted definitions of these terms whenever the statutes provide them.

    Understanding the different terms used in a state statute is especially important in those states where an individual may be able to legally consent to one type of sexual activity but not another. For example, Alabama’s laws regarding the legality of sexual activities with individuals who are under 16 years of age and more than 12 years of age differ depending on the nature of the activities. In cases involving sexual intercourse, defendants over 16 years of age who are at least 2 years older than the victim are guilty of rape in the second degree. However, sexual contact is only illegal in cases where the defendant is at least 19 years of age.

    More often though, all of the acts will be illegal (with the same age requirements), but the severity of the punishment will differ based on the type of sexual activity. In Kentucky for example, sexual activities with children under 12 years of age are illegal regardless of the age of the defendant. If the activities amount to sexual contact, the defendant is guilty of first degree sexual abuse (a Class D felony); if they amount to sexual intercourse, the defendant is guilty of first degree rape (a Class A felony).

    Although the primary focus of this report is not the punishments associated with statutory rape, the offenses in each state summary are listed in ascending order based on their severity.²¹ The severity of the crime is usually dependent on the nature of the sexual activities and the age of the victim and/or defendant.²²

    Depending on the state, defendants may be exempt from prosecution if they are married to the victim. In some states, marriage is a defense to all of the crimes listed (e.g., Alaska, District of Columbia, West Virginia); other states exclude some of the more aggravated offenses from this exemption (e.g., Arkansas, Louisiana, Mississippi).²³ In a few states, the criminal statutes identify age limits for the marriage exemptions.²⁴ Individual state summaries note those crimes that include spousal exemptions.²⁵

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