Each U.S. state has its own general age of consent. As of August 1, 2018, the age of consent in each state in the United States is either 16 years of age, 17 years of age, or 18 years of age. The most common age of consent is 16, which is a common age of consent in most other Western countries. •
States where the age of consent is 16 (30): Alabama, Alaska, Arkansas, Connecticut, Georgia, Hawaii, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and West Virginia. •
States where the age of consent is 17 (7): Colorado, Illinois, Louisiana, Missouri, New York, Texas, and Wyoming. •
States where the age of consent is 18 (13): Arizona, California, Delaware, Florida, Idaho, Kentucky, North Dakota, Oklahoma, Oregon, Tennessee, Utah, Virginia, and Wisconsin. These state laws are discussed in detail below. Most of these state laws refer to statutory rape using names other than "statutory rape" in particular. Such laws may refer to: "carnal knowledge of a minor", "child molestation", "corruption of a minor", "sexual misconduct", or "unlawful carnal knowledge". Mississippi, and Tennessee specifically refer to "statutory rape", with each state defining it differently. Nevada criminalizes "statutory sexual seduction" while Pennsylvania criminalizes "statutory sexual assault".
Alabama The age of consent in
Alabama is 16. See
Rape law in Alabama. From the articles of the Code of Alabama: 13A-6-70: : "(c) A person is deemed incapable of consent if he is: (1) Less than 16 years old..." 13A-6-67: : "(a) A person commits the crime of sexual abuse in the second degree if: ... : (2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old." 13A-6-62: : "(a) A person commits the crime of rape in the second degree if:... : (1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex." 13A-6-64: : "(a) A person commits the crime of sodomy in the second degree if:... : (1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old." The State Legislature passed
Act 2010-497 making it a crime for any school employee to have any sexual relations with a student under the age of 19. A school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, and other school employee. Age of the student and consent is not a defense. So thus, the age of consent of 16 cannot be used. 13A-6-81: :"A person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years if: ::(a) He or she is a school employee and engages in a sex act or deviant sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. ::(b) As used in this section, sex act means sexual intercourse with any penetration, however slight; emission is not required. ::(c) As used in this section, deviant sexual intercourse means any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another." ::(d) The crime of a school employee engaging in a sex act or deviant sexual intercourse with a student is a Class B felony." 13A-6-82: : "A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if: :: (a) He or she is a school employee and engaging in sexual contact with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. :: (b) As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act. :: (c) The crime of a school employee having sexual contact with a student is a Class A misdemeanor." Any individual convicted of these offenses, regardless if they received prison time or not, will have to register as a
Sex Offender for the remainder of their life. There was also a law which prohibited
K-12 teachers from having sex with students under age 19, and violators could face prison time or get on the
sex offender registry. In 2017, Alabama Circuit Judge Glenn Thompson, of
Morgan County in the north of the state, ruled that this law was unconstitutional.
Alaska The age of consent is 16, provided the older partner is not in a position of authority. Alaska Statutes – Title 11. Criminal Law – Chapter 41. Offenses Against the Person – Sexual Abuse of a Minor Section 436 in the First Degree (Unclassified Felony); Section 436 in the Second Degree (Class B Felony); Section 438 in the Third Degree (Class C Felony); Section 440 : in the Fourth Degree (Class A misdemeanor)
AS 11.41.436. Sexual Abuse of a Minor in the Second Degree. (a) An offender commits the crime of sexual abuse of a minor in the second degree if, (1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four years younger than the offender, or aids, induces, causes, or encourages a person who is 13, 14, or 15 years of age and at least four years younger than the offender to engage in sexual penetration with another person... Sexual Abuse of a Minor in the ... : • Younger minor under 13 + Elder minor under 16 (more than 3 years between them) : •
Sexual contact = 4th Degree &
Sexual penetration = 2nd Degree • Younger minor under 13 + Elder minor above 16 : • pornography = 2nd Degree (younger under 16 vs. elder above 16 ) • Sexual contact = 2nd Degree (for elder minor oneself or if (s)he helps another person) • Sexual penetration = 1st Degree (for elder minor oneself or if (s)he helps another person) • Younger minor aged 13, 14 or 15 + Elder minor above 17 (more than 4 years between them) : • Sexual contact = 3rd Degree • Sexual penetration = 2nd Degree (for elder minor oneself or if (s)he helps another person) • pornography = 2nd Degree (younger under 16 vs. elder above 16 ) • Minor under 16 + partner above 18 (civil majority) if cohabitant with authority or position of authority : •
Sexual contact = 2nd Degree &
Sexual penetration = 1st Degree. • Minor under 18 + parent or guardian above 18 : •
Sexual contact = 2nd Degree &
Sexual penetration = 1st Degree
Indecent Exposure: • with
masturbation, in front of minor under 16 = Indecent Exposure in the 1st Degree (Class C Felony) • simply, in front of minor under 16 = Indecent Exposure in the 2nd Degree (Class A misdemeanor) • simply, in front of above 16 = Indecent Exposure in the 2nd Degree (Class B misdemeanor).
Arizona The age of consent in
Arizona is 18. However, there exist in the legislation defenses to prosecution if the defendant is close-in-age to the minor or a spouse of the minor. Note: these are not
close-in-age exceptions but defenses in court. Arizona Revised Statute 13-1405(A) (Defenses) • B. It is a defense to a prosecution pursuant to sections 13-1404 and 13–1405 in which the minor's lack of consent is based on incapacity to consent because the minor was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the minor. • D. It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the person was the spouse (legally married AND cohabiting) of the other person at the time of commission of the act ... • F. It is a defense to a prosecution pursuant to section 13-1405 if the minor is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the minor and the conduct is consensual.
Arkansas The age of consent is 16, with some close-in-age exemptions. Details: The minimum age is 16 for anyone age 20 or older. Under 20, the younger person must not be less than 14. However, there exists a "sexual indecency with a child" law that prohibits any person over age 18 from soliciting sexual activity from anyone under 15 (or believed to be under 15). This means that while sexual activity between a 14-year-old and an 18- or 19-year-old may be legal in and of itself, soliciting it could still be charged as a class D felony. Sexual penetration (intercourse or "deviate sexual activity") between a major (18+) and a minor under 14 is a rape, punishable by a minimum 25-year sentence. Under 18, there is a defense for sexual contact if the younger ( Chapter 30 > Article 9 > Section 30-9-11: Criminal sexual penetration. This was also confirmed by the Supreme Court of New Mexico in
Perez v State (1990), in which it was determined that mistake of age may be a potential defense to charges of criminal sexual penetration where the victim is over 13 years of age. The court stated; "The fact that knowledge of a child's age is not an essential element of the crime does not dispose of defendant's argument that mistake of fact may be raised as a defense. It simply means that the state does not have to prove defendant knew the victim
was under the age of sixteen. Whether or not mistake of fact may be raised as a defense depends on whether the legislature intended the crime to be a strict liability offense or whether criminal intent is required." In
State v Samora (2016), the Supreme Court of New Mexico hold that "Unlike in
Moore, where the victim was fourteen years old, whether J.Z. consented to sex with Defendant was legally relevant to the CSP-felony charge because
sixteen-year-old J.Z. could have legally consented to sex with Defendant.". The statutes of enticement of a child and criminal sexual communication with a child also apply in cases where the victim is younger than 16. For non-penetrative contact, the minimum age specified is 13. This increases to 18 if the defendant is in a position of authority, and uses this authority to coerce the minor to submit. 30-6-3 stipulates the crime of "contributing to the delinquency of minor" for any act or omission of duty that causes or tends to cause the delinquency of any person under 18 years. It is a 4th degree felony, but not a sexual offense.
New York The age of consent in
New York is 17. The offense will be more serious depending on relative ages, thus: • Sex with a person under 17 is a misdemeanor if the perpetrator is at least
16 (
see infra). ("Sexual misconduct",
NY Penal Law § 130.20.) • Sex with a person under 17 is a Class "E" felony if the perpetrator is at least 21. ("Rape in the third degree", NY Penal Law § 130.25; "Criminal sexual act in the third degree", NY Penal Law § 130.40.) • Sex with a person under 15 is a Class "D" violent felony if the perpetrator is at least 18. However, it is a defense to this charge if an 18-year-old perpetrator proves by a preponderance that he or she was less than four years older than the victim. This is not a defense to any other charge that might apply,
i.e., Sexual misconduct,
supra. ("Rape in the second degree", NY Penal Law § 130.30; "Criminal sexual act in the second degree", NY Penal Law § 130.45.) • Sex with a person under 13 is a Class "B" violent felony if the perpetrator is at least 18. ("Rape in the first degree", NY Penal Law § 130.35[4]; "Criminal sexual act in the first degree", NY Penal Law § 130.50[4].) • Sex with a person under 11 is a Class "B" violent felony if the perpetrator is at least 16. ("Rape in the first degree", NY Penal Law § 130.35[3]; "Criminal sexual act in the first degree", NY Penal Law § 130.50[3].) "Sex", as used above, refers to the four conspicuous types of sexual acts, including "sexual intercourse", "oral sexual conduct" (both types), and "anal sexual conduct". The latter three acts were known by statute as "deviant sexual intercourse" prior to 2003. Non-intercourse sexual activity is also regulated based on age. 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." (NY Penal Law § 130.00[3].) If the person is underage such "sexual contact" can constitute the crime of "sexual abuse". • "Sexual contact" with a person less than 17 but at least 14, by a perpetrator who is at least five years older than the victim is "Sexual abuse in the third degree", a class B misdemeanor. (NY Penal Law § 130.55.) • "Sexual contact" with a person less than 14 is "Sexual abuse in the second degree", a Class A misdemeanor, if the perpetrator is at least 16. (NY Penal Law § 130.60[2].) • "Sexual contact" with a person less than 11 is "Sexual abuse in the first degree", a class "D" violent felony, if the perpetrator is at least 16. (NY Penal Law § 130.65[3].)
Certain defenses It is
not a defense that the perpetrator believed the victim was older than is later proven. (
NY Penal Law § 15.20[3].) Legally recognized marriage
is a defense. (NY Penal Law § 130.10[4].) The
only minimum age for a
perpetrator of first degree rape/criminal sexual act with a victim under 11 (NY Penal Law §§ 130.35[3] & 130.50[3]), sexual abuse in the first and second degrees (NY Penal Law §§ 130.65[3] & 130.60[2]), and misdemeanor sexual misconduct (NY Penal Law § 130.20) is provided by the defense of infancy found at NY Penal Law § 30.00(1); 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 16-year-old, even if this "victim" is actually older. (
People v. Bowman, 88 Misc. 2d 50; 387 N.Y.S.2d 982 [City Crim. Ct. 1976];
Matter of Jessie C., 164 A.D.2d 731; 565 N.Y.S.2d 941 [4 Dept., 1991].) In effect, mutual crimes are committed when two unmarried 16-year-old individuals voluntarily have sex with each other in New York State, each being the "victim" of the other.
Other crimes It appears that the crime of "Predatory sexual assault against a child", a class A-II felony, effectively subsumes all instances of "statutory" first degree rape/criminal sexual act where the victim is under 13 (NY Penal Law §§ 130.35[4], 130.50[4]) and the perpetrator over 18. (NY Penal Law § 130.96.) Thus, any person who commits one of these lesser offenses would necessarily commit the greater offense of "Predatory sexual assault against a child." (
See, People v. Lawrence, 81 A.D.3d 1326; 916 N.Y.S.2d 393 [4 Dept. 2011].) 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. (
See, People v. Beauchamp, 74 N.Y.2d 639; 539 N.E.2d 1105 [1989].) (Note that "violent felonies" are specified by NY Penal Law § 70.02. Actual "violence" is irrelevant.) New York Penal Law Article 130
North Carolina The age of consent in
North Carolina is 16. However, certain exceptions to this general rule exist. No employee of a K-12 school can have any sexual activity with any student at that school except when married to the person {§ 14‑27.7}; this is a felony unless the actor is less than 4 years older than the student and is not a teacher, administrator, student teacher, safety officer, or coach. 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-12 school, regardless of age. Any sexual intercourse with a person under 16 years of age is prohibited unless the defendant is less than 4 years older than the victim except when married to the person {§ 14‑27.2, 14‑27.4 & 14‑27.7A}.
§ 14‑27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old. (a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person. (b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person. North Carolina General Statutes Chapter 14
North Dakota The age of consent in
North Dakota is 18, with a close-in-age exemption for minors aged 15–17 as long as the older partner is less than three years older.
12.1-20-03. Gross sexual imposition – Penalty. 1.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 victim is less than fifteen years old Section 12.1-20-05 of the code refers to sexual acts between adults and teenagers aged 15, 16 and 17:
12.1-20-05. Corruption or solicitation of minors. • An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older. • An adult who solicits with the intent to engage in a sexual act with a minor under age fifteen or engages in or causes another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, is guilty of a class C felony. Under section
12.1-20-07. Sexual assault., an adult who has sexual contact with or causes someone else to have sexual contact with a person under the age of 18 is guilty of a class C felony if the adult is at least 22 years of age, or class A misdemeanor if the adult is aged 18–21. In North Dakota law, "minor" refers to individuals under the age of 18 and "adult" refers to individuals aged 18 or older.
Ohio The age of consent in
Ohio is 16 as specified by Section 2907.04 of the
Ohio Revised Code. However, there exists a close-in-age exception where a minor 13 or older can consent to sex as long as their partner is also at least 13 but less than 18 years old. :
2907.04 Unlawful sexual conduct with minor. ::(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. ::(B) Whoever violates this section is guilty of unlawful sexual conduct with a minor. ::(1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree. ::(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree. ::(3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree. ::(4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree. Non-penetrative sexual contact is permitted between 13- to 15-year-olds and anyone less than 4 years older, even if the older person is 18 or older. :
2907.06 Sexual imposition :(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies... :(4) "The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age
and four or more years older than such other person. 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. :2907.02 (A) 1. No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender when any of the following applies ... :(b) the other person is less than thirteen years of age, whether or not the offender knows the age of the other person {§ 2907.02}. However, the preceding statute, Section 2907.03, specifies that sexual conduct between anyone under 18 and a teacher, administrator, or coach of the school they attend, a cleric, or other person in authority, is punishable as a felony of the third degree. :
2907.03 Sexual battery. ::(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: :::(5) The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person. :::(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school. :::(8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution. :::(9) The other person is a minor, and the offender is the other person's athletic or other type of coach, is the other person's instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person. :::(12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric. {§ 2907.03} 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 13–15 years of age AND at least 4 years younger than the 18+ aged person.{§ 2907.07} Laws against "contributing to the unruliness or delinquency of a child" (§ 2919.24) and "interference with custody" (§ 2919.23) may be used against those who have sex with those who are 16 and 17 if a parent or guardian complains. These two crimes are not considered to be sexual offenses. At the time he was 58 years old, and he received a 30-day jail sentence.
Oklahoma The age of consent in
Oklahoma is 18. Romeo and Juliet laws apply to minors aged 16 or older if the older person is not more than 4 years older. An employee of a school system who has sexual conduct with a student of that school system aged between 16 and 19 may face criminal charges in Oklahoma: "Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances ... Where the victim is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system" 21 O.S. § 1111 (OSCN 2025)
Oregon The age of consent in
Oregon is 18. Sexual offenses are defined under the Oregon Revised Statutes Chapter 163. With regards to age only, the following offenses are defined. 18: Consent for all laws. (ORS 163.345 – ORS 163–425) Under 18: Defined as Sexual Abuse 3 (Class A Misdemeanor) Under 16: Defined as Rape 3 / Sodomy 3 (Class C Felony) Under 14: Defined as Rape 2 / Sodomy 2 (Class B Felony) Under 12: Defined as Rape 1 / Sodomy 1 (Class A Felony) Additionally, Oregon has a three-year rule defined under ORS 163.345. However, this does not apply to Rape 1, or Sodomy 1, effectively limiting the age to 12. However, a person within the three-year limit can still be charged with Sexual Misconduct (Class C Misdemeanor) under ORS 163.445, if the victim was under 15 years of age (163.345(3)).
Pennsylvania The age of consent in
Pennsylvania is 16 years of age for sexual consent. and was increased back to 16 in 1995. The statute in place between 1976 and 1995 defined statutory rape as a person 18 years or older having sex with a person not their spouse under 14 years old, bizarrely seeming to have set no age of consent as long as both parties were under 18, and have made it legal for 17 year olds to have sex with much younger children. Under current Pennsylvania law, 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 2011 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 2014
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 17-year-old students.
Pennsylvania legal codes 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. § 3122.1. Statutory sexual assault. Except as provided in section 3121 (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. § 3125 Aggravated indecent assault (7) the complainant is less than 13 years of age; or (8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. (b) Aggravated indecent assault of a child.--A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age. § 3123 Involuntary deviate sexual intercourse (7) who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and 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: § 6301 Corruption of minors. (a) Offense defined.-- (1) Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, commits a misdemeanor of the first degree. 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". § 11-37-8.1 First degree child molestation sexual assault. – A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under. Non-penetrative activity with minors 14 and younger constitutes second degree child molestation.
South Carolina The age of consent in
South Carolina is 16. § 16-3-651. Criminal sexual conduct: definitions ... (h) "Sexual battery" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes. § 16-3-655. Criminal sexual conduct with a minor (A) A person is guilty of criminal sexual conduct with a minor in the first degree if: (1) the actor engages in sexual battery with a victim who is less than eleven years of age; or (2) the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to § 23-3-430(D). (B) A person is guilty of criminal sexual conduct with a minor in the second degree if: (1) the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age; or (2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. 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.
Texas The age of consent in Texas is 17, though there is a specific law targeting "sexual performance", which requires a visual representation (like a video or a part in a play). A Texas court case decision, Ex parte Fujisaka, argued that these two laws, specifying different ages below which a sexual act may be considered a criminal act, are to be treated independently of each other. A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he/she consents to the participation by the child in a sexual performance. When inducement is an element of 43.25(b), it is not required that there be a threat, promise of payment or other specific incentive or even verbal persuasion for the inducement to be proven. Some confusion arises regarding the applicability of section 43.25 to mere "sexual conduct", due to the section title "sexual performance by a child" and other provisions that seem to suggest that the intention of this section is to criminalize commercial sexual performances by a minor. However, in John Perry Dornbusch, Appellant, v. The State of Texas as well as in
Summers v. State, 11-92-057-CR, 845 S.W.2d 440 (1992), the decisions support the interpretation that section 43.25(b) is not limited to cases involving "sexual performance" as defined by section 43.25(a)(1). Section 33.021
Online Solicitation of a Minor is a criminal offense 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. Section 21.12
Improper Relationship Between Educator and Student prohibits all sexual contact between an employee of a school (including educators)], and a student enrolled at the primary or secondary school or school district where said employee works (unless the student is the employee's spouse). 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 21.12 do not have to register as
sex offenders. 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 2003,
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. Sexual assault: § 3252(c) No person shall engage in a sexual act with a child who is under the age of 16, except: • where the persons are married to each other and the sexual act is consensual; or • where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual. However it rises to 18 if the person is related to the minor or in a position of authority over him. (d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild.
Virginia The age of consent in
Virginia is 18, Section § 18.2-63 of the Code refers to minors younger than 15, while § 18.2-371 is about 15-, 16- and 17-year-olds. Section 18.2-63 states in part: 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 ... felony ... 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. § 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant. Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. As of 2013 the state was attempting to prosecute a 47-year-old man who had oral sex with a 17-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.
Washington The age of consent in
Washington is 16 with exceptions under different circumstances. RCW 9A.44.096 identifies situations in which the age of consent is higher. The age of consent is 18 for sex between foster parents and their foster children. It is 21 for sex between school teachers or administration employees and their students. which stipulated that people under the age of 18 would not face charges for possessing
nudes of themselves; possessing or distributing sexual images of another person aged 13 to 17 would be a misdemeanor; A minor 13 to 17 selling sexual content of themselves is now a misdemeanor, and selling sexual content of another minor is a felony.
Noel Frame sponsored the legislation; it was signed into law on April 24. Before the passage of the act, possession of any explicit images of anyone under 18 could be treated as a felony and/or require sex offender registration.
West Virginia The age of consent in
West Virginia is 16. § 61-8B-5. Sexual assault in the third degree. (a) A person is guilty of sexual assault in the third degree when: (2) The person, being sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to the defendant.
Wisconsin 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 16–17 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. 948.09 Sexual intercourse with a child age 16 or older. 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. 948.02 Sexual assault of a child. ( ... ) (2) Second degree sexual assault. 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. 948.02(4) Marriage not a bar to prosecution. 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. 948.02 (e) Whoever has sexual contact with a child who has not attained the age of 13 years is guilty of a class b felony. Child Enticement. Section 948.07, Wisconsin Statutes, prohibits causing or enticing a child into any vehicle, building, room, or secluded place with the intent to: commit an act of first or second-degree sexual assault; cause the child to engage in prostitution; expose a sex organ to the child or cause the child to expose a sex organ; or take pictures or make audio recordings of the child engaging in sexually explicit conduct (Class BC felony).
Wyoming The age of consent in
Wyoming is 17. 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 14-3-105 of Wyoming Statutes. That statute was repealed in 2007 and re-codified as Section 6-2-316, which provides, in pertinent part as follows: 6-2-316. Sexual abuse of a minor in the third degree. (a) Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if: ... (iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor. ==Territorial laws==