In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states , District of Columbia , and territories. Depending on the jurisdiction, the legal age of consent ranges from age 16 to age In some places, civil and criminal laws within the same state conflict with each other. While the general age of consent is now set between 16 and 18 in all U. In , the age of consent was set at 10 or 12 in most states, with the exception of Delaware where it was 7. The final state to raise its age of general consent was Hawaii, which changed it from 14 to 16 in
For example, a state might set the age of consent at In these states, such as Texas, the age of consent is determined by age differentials between the two persons and limited by a minimum age. Examples of different state's statutory ages of consent:.
If you need a quick guide for each state, a chart is provided below. Be aware that the law may be more complex than the chart shows and that the information given is subject to change.
You can refer to our reviews page if you want to know what our clients have to say about us. Can't find your category? Non-intercourse sexual activity, called "sexual contact" is defined as " any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party.
It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing. If the person is underage such "sexual contact" can constitute the crime of "sexual abuse". It is not a defense that the perpetrator believed the victim was older than is later proven. That age is 16 years old. Someone under that age may be adjudicated a juvenile delinquent, but may not commit these crimes.
On the other hand , someone who is 16 years old commits a crime by voluntarily having sex with anyone who cannot themselves legally consent to sex, including another year-old, even if this "victim" is actually older. Bowman , 88 Misc. In effect, mutual crimes are committed when two unmarried year-old individuals voluntarily have sex with each other in New York State, each being the "victim" of the other.
Thus, any person who commits one of these lesser offenses would necessarily commit the greater offense of "Predatory sexual assault against a child. There are other special offenses, namely "Course of sexual conduct against a child in the first degree" and "Course of sexual conduct against a child in the second degree" that punish sex with an underage person combined with an additional illegal sexual act during wide time periods.
These do not subject a person to more punishment than the crimes listed above but provide only a gimmick for prosecutors to avoid the requirement that an individual sex act be specified in a rape indictment. Actual "violence" is irrelevant. New York Penal Law Article The age of consent in North Carolina is However, certain exceptions to this general rule exist.
This prohibition covers adults and students who were at the school at the same time, and continues in force as long as the younger person is a student at any K school, regardless of age. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.
North Carolina General Statutes Chapter A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if The age of consent in Ohio is 16 as specified by Section However, there exists a close-in-age exception where a minor 13 or older can consent to sex as long as their partner is less than 18 years old.
It is illegal for a person of any age to have sex with a child beneath 13 years of age who they are not married to. However, the preceding statute, Section Ohio law also contains a rule against importuning, which means a perpetrator of any age sexually soliciting a minor over the internet if the minor is under the age of 13, or in the case of a perpetrator 18 years of age or older, sexually soliciting any minor who is under the age of These two crimes are not considered to be sexual offenses.
The age of consent in Oklahoma is An employee of a school system who has sexual conduct with a student of that school system aged between 16 and 18 may face criminal charges in Oklahoma.
The age of consent in Oregon is Sexual offenses are defined under the Oregon Revised Statutes Chapter With regards to age only, the following offenses are defined. Consent for all laws. Additionally, Oregon has a three-year rule defined under ORS However, this does not apply to Rape 1, or Sodomy 1, effectively limiting the age to The age of consent in Pennsylvania is 16 years of age for sexual consent. Teenagers aged 13, 14 and 15 may or may not be able to legally engage in sexual activity with partners who are less than 4 years older.
Such partners could not be prosecuted under statutory rape laws, but may be liable for other offenses, even when the sexual activity is consensual. In December the Pennsylvania Legislature passed an amendment stating that an employee of a school who engages in sexual relations with any student or athletic player under the age of 18 may receive a third-degree felony charge.
In Governor of Pennsylvania Tom Corbett signed into law an amendment making this law apply to athletic coaches who work outside of an educational setting. Historically Pennsylvania prosecutors were only allowed to issue misdemeanor charges such as corruption of minors against teachers and coaches who had sex with 16 and year-old students.
Under Pennsylvania law, a defendant is strictly liable for the offense of rape, a felony of the first degree, when the complainant is 12 or younger. Pennsylvania has enacted several other strict liability sexual offenses when the complainant is under 16, but 13 years old or older.
Except as provided in section relating to rape , a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.
When the alleged victim is 16 or older and less than 18 years of age, and the alleged offender is over the age of 18, the Commonwealth may charge the offense of corruption of minors or unlawful contact with a minor, even if the activity was consensual:.
The crime of corruption of minors is usually a crime that accompanies another "more serious" crime such as statutory rape or involuntary deviate sexual intercourse or accompanies some drug or alcohol use, possession or sale. Tending to corrupt like contributing to delinquency is a broad term involving conduct toward a child in an unlimited variety of ways which tends to produce or to encourage or to continue conduct of the child which would amount to delinquent conduct.
The question of whether consensual intercourse with a minor 16 years or older tends to corrupt the morals of that minor is a jury question to be decided by the "common sense of the community". There is also a corruption of minors statute against adults corrupting the morals of minors under 18 years of age.
In JoAnne Epps, a former prosecutor and Temple University Beasley School of Law dean of academic affairs, stated that the corruption of minors charge is considered to be a separate crime from that of statutory rape; she stated that the consideration of whether a minor is consenting to sexual activity is a separate issue from whether someone is corrupting the minor's morals.
The age of consent in Rhode Island is Sexual intercourse with a minor aged 14—15 by an actor 18 or older is third degree sexual assault, sexual intercourse with a minor under the age of 14 by an actor of any age is child molestation. However, there is a close-in-age exception that allows people aged 16—17 to have sex with a minor aged 14 or 15, but not younger.
The age of consent in South Carolina is However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age.
C A person is guilty of criminal sexual conduct with a minor in the third degree if the actor is over fourteen years of age and the actor wilfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child.
However, a person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.
Ages of consent in the United States
The age of consent in South Dakota is 16 and there is no close-in-age exemption, although if the perpetrator is within three years of age of the victim or is under 18 the penalties are reduced. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: Sexual contact with child under sixteen—Felony or misdemeanor. Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony.
If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony.
Sexual contact with child under sixteen years of age—Violation as misdemeanor. Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor. The age of consent in Tennessee is A close-in-age exemption allows minors aged 13—17 to engage in sexual acts with partners less than 4 years older.
Penalties differ depending on the age of the minor, as well as the age difference between the minor and the offender. There are two laws concerning age of consent in Texas: The Texas Department of Public Safety , the state law enforcement agency, considers the age of consent as Texas age of consent is 17 years in regards to sexual activity alone.
If the victim is under the age of 17 subject to a three-year close-in-age exception , then underage sexual conduct can also be prosecuted without requiring proof of inducement under section The age of consent in Texas involving visual representation such as a part in a play or movie or employment involving sex is 18 under section This crime requires proof of inducement.
Online Solicitation of a Minor is a criminal offense in the state of Texas that makes it illegal for someone 17 years and older to intentionally or knowingly communicate certain sexual content or try to induce or solicit a minor under 17 years of age, or any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section Some confusion arises regarding the applicability of section State , CR, S.
No age is specified by the statute thus, even if the student has reached the age of consent, it is still a violation , and violations are a second degree felony. People convicted under The law exists to prevent scenarios where a teacher or employee coerces a student into a sexual relationship in exchange for higher grades or other favors.
In Helen Giddings , a Democratic member of the Texas House of Representatives , first authored the anti student-teacher sex bill but only intended for it to take effect if the student is 17 or younger.
Warren Chisum of Pampa removed the maximum age from the bill. Shortly after the law passed, a teacher engaged in sexual intercourse with her year-old student, and a Texas court refused to indict her. Afterwards criminal prosecutions of teachers in relationships with students going to other schools in the same school district, including teachers of other educational levels, began occurring.
In response to this law, Houston lawyer Dick DeGuerin stated "Unless there's real strong evidence of a teacher trading sex for grades or using improper influence, then it's a statute that is really open to abuse. The age of consent in Utah is However, it is legal for minors aged 16 and 17 to engage in sexual activity with partners less than 7 years older, and between 7 and 10 years older if the partner reasonably didn't know the minor's age. Unlawful sexual activity with a minor—Elements—Penalties—Evidence of age raised by defendant.
However it rises to 18 if the person is related to the minor or in a position of authority over him.Illinois Age Of Consent - Joliet Criminal Attorney - Plainfield Defense Lawyer
The age of consent in Virginia is 18,   with a close-in-age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than The state code defines felony statutory rape as crimes against those under 15, while adults who have sex minors over 15 can be prosecuted for a misdemeanor offense,  "contributing to the delinquency of a minor. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of For the purposes of this section, i a child under the age of thirteen years shall not be considered a consenting child and ii "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse, and animate and inanimate object sexual penetration.
Consensual sex where one partner is 15, 16 or 17 and the other is over 18 is a class 1 misdemeanor. Causing or encouraging acts rendering children delinquent, abused, etc. As of the state was attempting to prosecute a year-old man who had oral sex with a year-old girl with a "crimes against nature" law, an anti-sodomy which forbids people from engaging in anal and oral sex and makes these acts a felony offense.
The 47 year-old had been convicted under a misdemeanor offense and his lawyers did not challenge that conviction. In March the U.
Statutory Rape: The Age of Consent
Court of Appeals overturned the sodomy conviction, saying it was unconstitutional according to the Lawrence v. Supreme Court to do a rehearing, arguing that the state's sodomy laws may still constitutionally apply to 16 and 17 year olds.
Dalia Lithwick of Slate stated that this scenario would cause problems for homosexual teenagers. The age of consent in Washington is It is also illegal to engage in sexual acts with someone younger than 18 under three different sets of circumstances, enumerated in RCW 9A.
Foster parents with their foster children; school teachers and school administration employees over their students including, as interpreted by the Washington State Supreme Court , students up to age 21  ; The third set of circumstances require all of the following situations occur in tandem: The older person is 60 months or more older than the or year-old, the person is in a significant relationship as defined by RCW 9A.
Several have reported that the immoral communication with a minor statute exists and places the age of consent at 18 due to the inability to "communicate" to and year-olds about sexual activity. These reports are incorrect. Danforth , 56 Wn. Danforth's conviction was overturned by that ruling. However, the Washington Supreme Court in the case of State v. McNallie , Wn. A state statute makes it illegal for a teacher and a "minor" student defined as "at least sixteen years old". The Washington State Supreme Court ruled that this policy affects all high school students up to 21 years of age, which under state law is the age cap for enrollment in high school.
Age difference dating laws illinois
The age of consent in West Virginia is The age of consent in Wisconsin is 18 and there is no close-in-age exception. There is, however, a marital exception which allows a person to have sex with a minor 16 or older if they are married to the minor. If the minor is below 16 both sexual intercourse and any sexual contact are a felony; sexual intercourse with a minor by a perpetrator who is not married to the minor is a Class A misdemeanor.
However, Wisconsin has a child enticement law that prohibits people of any age from taking people under 18 to a private area such as a room and exposing a sex organ to them or having the minor expose their sex organ to them. This is a Class B or C felony.
Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony. If the minor is below 16 marriage to the minor by the accused is not a defense.
A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.
Sexual intercourse with a child younger than 13 carries the highest penalties, it is a Class B felony. Wisconsin law contains an unusual provision making it a Class F felony for a person responsible for a child under the age of 16 years such as a parent to not prevent their child from having sexual contact with another person if it was realistically possible for them to do so and they were aware that the other person intended to have sex with their child.
A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
Sexual assault in the third degree. However, in the cases of Pierson v. State and Moore v. State , the Wyoming Supreme Court held that sexual activity with minors aged 16 or 17 could be charged under Section of Wyoming Statutes.
That statute was repealed in and re-codified as Section , which provides, in pertinent part as follows:. Sexual abuse of a minor in the third degree. It is an offense in American Samoa to engage in sexual acts with a person under the age of Third Degree Criminal Sexual Conduct.
Under the same provisions, it is also illegal for any person aged 16 or older to aid, encourage, induce or causes minors under 13 to engage in any sexual activity with anyone else, or minors aged 13—15 to engage in sexual activity with people older than them by three years or more.
The age of consent rises to 18 when the older partner — being age 18 or older — is the parent, stepparent, adopted parent, or legal guardian of the younger person, or when the older partner has or occupies a position of authority over the younger person. This does not apply for minors aged 16 or 17 as long as the older partner is less than three years older and is not the younger person's parent, stepparent, adopted parent or legal guardian. According to section , a position of authority "means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control" over a person under According to Section , affirmative defenses for the crimes outlined in Sections — exists for consensual activity between legal spouses and for cases where the defendant reasonably believed that a minor age 13 or older was of legal age.
Sections and of the Commonwealth Code also criminalize sexual activity with people aged 18 or 19, if they are "committed to the custody of the Department of Public Health and Environmental Services under the Commonwealth's civil or criminal laws, and the offender is the legal guardian of the person". The age of consent in Puerto Rico is Paraphrasing Virgin Islands Code: The age of consent is There is however a close-in-age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over.
Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under Sexual acts with minors are aggravated by the use of force, intimidation, or the perpetrator's position of authority, and by the fact that the minor, being under 16 and not the perpetrator's spouse, is residing in the same household as the perpetrator.
Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court. A person who engages in sexual contact with a person not the perpetrator's spouse—..
A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year. As such, all US Federal laws regarding age of consent would be applicable. From Wikipedia, the free encyclopedia. The distinction is that a rape involves vaginal intercourse.
United States portal Sexuality portal Law portal. Retrieved 4 October Retrieved on September 11, The New York Times. Retrieved on September 13, Limon — Luckert — Kansas Supreme Court". Retrieved 16 February Dhingra , which discusses the fact of incorporation of state criminal law into violation of b , specifically California statute, where Dhingra resided and committed the acts. A Guide to America's Sex Laws.
The University of Chicago Press. The case cited is Michael M. So, here's what you need to know: In Illinois the age of consent is Our law says that it's impossible for a child under the age of 17 to knowingly consent to sex. Even if he or she voluntarily eangages in sex, even if he or she brings up the subject and suggests sex, even if he or she initiates sex.
If two 15 or 16 year olds have sex they each may be charged with criminal sexual abuse of the other. There is one exception, however: These cases crop up where the adult is a step-parent, a teacher, a coach, a leader of a church youth group, etc. Illinois doesn't have a law called "statutory rape. What you need to focus on is no. The difference between Criminal Sexual Abuse and Criminal Sexual Assault is the difference between "sexual conduct" and "sexual penetration.
Criminal Sexual Assault means "sexual penetration" which means "any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration.
Evidence of emission of semen is not required to prove sexual penetration. Criminal sexual abuse for a violation of subsection b or c of this Section is a Class A misdemeanor. Illinois adopted its "Romeo and Juliet" law paragraph c , above in Romeos need to focus on paragraph c. He's probalby looking at probation and maybe some community service. Criminal Sexual Assault is a Class 1 felony 4 - 15 years imprisonment. When a woman is raped, in Illinois, if she knows her attacker, she has three years to report the rape to law enforcement.
If she blows that deadline, the State may not prosecute. Clause 2 of this subsection a applies if either: However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
Illinois Sex Offender Registration Requirement: This is a real problem.