U.S. State Age of Consent Age Gap Provision Age Span ..., Study notes of Law

Download U.S. State Age of Consent Age Gap Provision Age Span ... and more Study notes Law in PDF only on Docsity! U.S. State Age of Consent Age Gap Provision Age Span Mistake of Age Defense Statute Alabama 16 Yes 2 No Rape in the first degree: Class A Felony If he or she is 16 or older and engages in sexual intercourse with a member of the opposite sex who is less than 12 years old. Rape in the second degree: Class B Felony If he are she is 16 years or older and engages in sexual intercourse with a member of the opposite sex who is less than 16 but older than 12 years old if the actor is at least two years older than the member of the opposite sex. Sodomy in the first degree: Class A Felony He, being 16 years or older, engages in deviant sexual intercourse with a person who is less than 12 years old. Sodomy in the second degree: Class B Felony He, being 16 years or older, engages in deviant sexual intercourse with a person who is less than 16 years of age but more than 12. Alaska 16 Yes 3 Yes Sexual Abuse of a Minor in the first degree: Unclassified Felony Being 16 years or older, the offender engages in sexual penetration with a person under the age of 13. Being 18 years of age or older, the offender engages in sexual penetration with a person under the age of 16 (the offender can not be of authority such as a parent, stepparent, legal guardian, teacher, health care professional, etc. or be living in the same household as the victim. Sexual Abuse of a Minor in the second degree: Class B Felony Being 16 years or older the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age AND is at least three years younger than the offender. Being 18 years or older, the offender engages in sexual contact with a person under the age of 16. California 18 No Romeo and Juliet - 2 No Unlawful Sexual Intercourse: Any person who engages in sexual intercourse with a minor under the age of 18 who is not three years younger or three years older than the perpetrator. Reduced charge to a misdemeanor. An adult who engages in unlawful sexual intercourse with a minor who is less than 2 years younger than the adult will be charged with a civil penalty, not to exceed $2000.00. Colorado 17 Yes 4 No Sexual Assault: Class 4 Felony Sexual Assault is committed if at the time of the act the victim was less than 15 years of age and the actor was at least four years older than the victim (and the victim was not the actor’s spouse). Connecticut 16 Yes 2 No Sexual Assault in the first degree: Class B or A Felony If a person engages in sexual intercourse with another person and such other person is under 13 years of age and the actor is more than 2 years older than such person. Sexual Assault in the second degree: Class C or B Felony If a person engages in sexual intercourse with another person and such person is 13 years of age or older, but under 16 years of age and the actor is more than 2 years older than such person. D.C. 16 Yes No Delaware 18 Yes 4 No 762(d) Sexual Offense Provision As to sexual offenses in which the victim’s age is an element of the offense because the victim has not yet reached his or her 16 birthday (but older than 12 years of age), and the person committing the act is no more than 4 years older than the victim, sexual conduct pursuant to this section will not be a crime. Florida 18 Yes No Unlawful Sexual Activity with Certain Minors: A person 24 years of age of older who engages in sexual activity with a person 16 or 17 years of age commits a felony in the second degree. In Section 943.04354 it states that a person can be removed from the sex offender registry if they were not more than 4 years older than the victim at the time of the offense and the victim was at least 14 years of age or older. Idaho 18 Yes No Sexual Abuse of a Child Under the age of 16: It is a felony for any person 18 years of age or older to solicit a minor child under the age of 16 to participate in a sexual act or cause of have sexual contact with such minor child (not amounting to lewd conduct as defined below). Penalty: the actor shall be imprisoned for an amount of time not exceeding 15 years. Lewd Conduct with a Minor Child Under the Age of 16: Any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of 16 years, including but not limited to genital to genital contact, oral to genital contact, anal to genital contact, oral to anal contact, manual to anal contact or manual to genital contact, whether between persons of the same or opposite sex or who shall involve such a child in the act of bestiality or sado-masochism shall be guilty of a felony and imprisoned in the state prison for a term no more than life. Illinois 17 No No Predatory Criminal Sexual Assault of a Child: Class X Felony Committed if the accused was 17 years of age or older and commits an act of sexual penetration with a victim who is under 13 years of age when the act was committed. Criminal Sexual Abuse: Class A misdemeanor The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim. Indiana 16 No Yes Sexual Misconduct with a Child: A person at least 18 years of age who, with a child at least 14 years of age but less than 16, performs or submits to sexual intercourse or deviant sexual conduct commits sexual misconduct with a childe, a Class C Felony. (It is a Class B Felony if the person is 21 years of age or older). It is to the defense of the prosecution if all of the following apply: -The person was not more than 4 years older than the victim -The relationship between the person and the victim was a dating relationship or an ongoing personal relationship (not family relationship) -The person was not older than 20 years old -The person did not threaten the victim or use deadly force -The person did not commit the crime while armed with a deadly weapon -The crime did not result in serious bodily injury -The person did not furnish, without the victim’s knowledge, the victim a drug or controlled substance, or know the victim had been furnished a drug or controlled substance Kentucky 16 Yes 5 Yes Sexual Abuse in the Second Degree: Class A misdemeanor If the actor is at least 18 years old but less than 21 years old and subjects the victim who is less than 16 years old to sexual contact. However, it is in the defense if the victim was at least 14 years old and the actor was less than 5 years older than the victim. Sexual Abuse in the Third Degree: Class B misdemeanor A person is guilty of Sexual Abuse in the third degree if he/she subjects another person to sexual contact without the others consent. However it is to the defense if, the lack of consent is due solely to the victim being unable to consent because he/she is under the age of 16 years old and they are at least 14 years old and the actor was less than 18 years old. Louisiana 17 Yes 2 No Felony Carnal Knowledge of a Juvenile: Committed when a person who is 19 years of age or older has sexual intercourse, with consent, with a person who is 12 years of age or older but less than 17 years of age (when the victim is not the spouse). (2)When a person who is 17 years of age or older has sexual intercourse, with consent, with a person who is 12 years of age or older but less than 15 years of age(when the victim is not the spouse). Misdemeanor Carnal Knowledge of a Juvenile: Committed with a person who is 17 years or older but less than 19 years of age has sexual intercourse, with consent, with a person who is 15 years of age or older but less than 17 years of age. When the victim is not the spouse and the difference between ages is not more than 2 years. The offender of this crime will not be subjected to any of the provisions of law which are applicable to sex offenders, including but not limited to the registration of the offender on sex offender sites. Maine 16 Yes 5 Yes Sexual Assault: (1)When the actor engages in a sexual act with another person (not the actor’s spouse), who is either 14 or 15 years of age and the actor is at least 5 years older than the other person. Class D crime. (2)When the actor is at least 21 years of age and engages in a sexual act with another person, who is not the actor’s spouse, who is either 16 or 17 years of age and is a student enrolled in a public or private school. Class E crime. Unlawful Sexual Contact: (1)When the actor has sexual contact with another person, not the actor’s spouse, when the other person is in fact less than 14 years old and the actor is at least 3 years older than the other person. Class C crime. If the sexual contact includes penetration it is a class B crime. (2)When the actor has sexual contact with another person, not the actor’s spouse, when the other person is in fact less than 12 years old and the actor is at least 3 years older than the other person. This is a Class B crime. If it includes penetration it is a class A crime. Minnesota 16 Yes 2 No Criminal Sexual Conduct in the First Degree: Committed when the victim is under the age of 13 and the actor is more than 3 years older than the victim. Or when the victim is older than 13 years but less than 16 and the actor is more than 4 years older than the victim and in a position of authority. Criminal Sexual Conduct in the Second Degree: Committed when the victim is under the age of 13 and the actor is more than 3 years older than the victim. Or when the victim is older than 13 but less than 16 and the actor is more than 4 years older than the victim and in a position of authority. Criminal Sexual Conduct in the Third Degree: Committed when the actor is under the age of 13 and the actor is no more than 3 years older than the victim. Or when the victim is over the age of 13 but under the age of 16 and the actor is more than 2 years older than the victim. Criminal Sexual Conduct in the Forth Degree: Committed when the victim is under 13 and the actor is no more than 3 years older than the victim. Or when, the victim is more than 13 but less than 16 and the actor is more than 4 years older than the victim and in a position of authority. Mississippi 16 Yes 2 or 3 No Statutory Rape: Committed when a person who is 17 years or older has sexual intercourse with a child who is at least 14 years old but under 16 years old and is 3 years or more older than the victim who is not their spouse. Or when a person 17 years of age or older has sexual intercourse with a child who is under the age of 14 and is 2 years or more older than the child (who is not their spouse). Sexual Battery: Committed when a person engages in sexual penetration with a child at least 14 years old but less than 16 and the actor is 3 or more years older than the child. Or when, a person engages in sexual penetration with a child who is less than 14 years old and the actor is 2 or more years older than the child. Nevada 16 No Romeo and Juliet - 5 No Sexual Assault: (3)A person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony. New Hampshire 16 Yes No Felonious Sexual Assault: A person is guilty of a class B felony if the offender engages in sexual penetration with another person, other than a legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the offender and the victim is three years or more. Sexual Assault: A person is guilty of a Class A misdemeanor when (a) the actor subjects another person who is 13 years of age of older to sexual contact under any of the circumstances named in RSA 632- A:2 (b) when the actor subjects another person, who is not a spouse, who is 13 years of age or older and under 16 years of age to sexual contact, where the age difference between the actor and the other person is 5 years or more (c) in the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor’s spouse, who is 13 years of age or older, but under 16 where the age difference between the actor and the other person is 3 years or less. If a person is convicted under (c) that person will not be required to register as a sex offender. North Carolina 16 Yes 4 or 6 No Statutory Rape: Class B1 Felony Guilty if the defendant engages in sexual intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least 6 years older than the victim, who is not their spouse. Statutory Rape: Class C Felony Guilty if the defendant engages in sexual intercourse of a sexual act with another person who is 13, 14 or 15 years of age and the defendant is at least 4 but less than 6 years older then the victim, who is not their spouse. North Dakota 18 No 4 No General Provision: 12.1-20-01 When criminality depends on the victim being a minor, the actor is guilty of the offense, only if the actor is at least 4 years older than the victim. 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 15 years of age or older. If the offender is at least 22 years of age, it is a class C felony. Sexual Assault: Committed when any person engages in sexual contact with a person at least 15 years old but less than 18 years old and the offender is at least 22 years old is a Class C Felony. If the offender is under 22, than it is a class A misdemeanor. Ohio 16 No Romeo and Juliet - 4 No Unlawful Sexual Conduct with a Minor: No person who is 18 years of age or older shall engage in sexual conduct with another, who is not their spouse, when the offender knows the other person is 13 years of age or older but less than 16. This is a felony in the Forth Degree, except if the offender was less than 4 years older than the victim, in which case it is a misdemeanor in the first degree. If the offender is 10 years or more older than the victim, it is a felony in the third degree. Oklahoma 16 Yes 2 No Age Limitation on Conviction of Rape: 21-1112: No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of 14 years old, with his or her consent, unless the offender was over the age of 18 years at the time of such act. South Carolina 16 No No Criminal Sexual Contact with Minors: Guilty of the first degree if the actor engages in sexual battery with a victim who is less than 11 years of age. Guilty in the second degree if the actor engages in sexual battery with a victim who is 14 years of age or less but who is at least 11 years of age. Guilty in the second degree if the actor engages in sexual battery with a victim who is at least 14 years of age but who is less than 16 years of age and the actor is in a position of authority or is older than the victim. South Dakota 16 No Romeo and Juliet - 3 No Rape: An act of sexual penetration accomplished with any person under the following circumstances: (5)If the victim is 13 years of age, but less than 16 years of age and the perpetrator is at least 3 years older than the victim. In this section of rape, it is rape in the Forth Degree and is a Class 3 Felony. Sexual Contact with a Child Under 16-Felony or Misdemeanor: Any person, 16 years of age or older, who knowingly engages in sexual contact with another person, other than the person’s spouse, if the person is under the age of 16 years, the actor is guilty of a Class 3 Felony. If the actor is less than 3 years older than the victim, the actor is guilty of a Class 1 Misdemeanor. Sexual Contact with a Child Under the Age of 16-Violation as a Misdemeanor: Any person, under the age of 16, who knowingly engages in sexual contact with another person, other than his/her spouse, if such other person is under the age of 16 years of age, is guilty of a Class 1 Misdemeanor. Tennessee 18 Yes 4 No Mitigated Statutory Rape: Class E Felony (a)Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least 15 years of age but less than 18 and the defendant is at least 4 but not more than 5 years older than the victim. Statutory Rape: Class E Felony Statutory rape is the unlawful sexual penetration of a victim by the defendant or the defendant by the victim when: (1)The victim is at least 13 years of age but less than 18 years of age and the defendant is at least 4 years older than the victim; or (2) This victim is at least 15 years of age but less than 18 years of age and the defendant is more than 5 years older than the victim. Aggravated Statutory Rape: Class D Felony Is the unlawful sexual penetration of a victim by the defendant, or the defendant by the victim when the victim is at least 13 years of age but less than 18 and the defendant is at least 10 years older than the victim. Utah 18 Yes 3 No Unlawful Sexual Activity with a Minor: For the purposes of this section, “minor” is a person who is 14 years of age or older but younger than 16 years of age, at the time of sexual activity. Committed when the actor has sexual contact (intercourse, penetration, or sexual acts involving the victim’s or actor’s genitals, mouth, or anus) with a minor. When committed it is a Third Degree Felony unless the actor is less than 4 years older than the victim at the time the sexual activity occurred, in which case it is a Class B Misdemeanor. Unlawful Sexual Conduct with a 16 or 17 year old: For the purpose of this section, “minor” is a person who is 16 years of age or older but under than age of 18 at the time of the sexual conduct. Committed when the actor is ten or more years older than the victim at the time of the sexual activity. This is a third degree felony. Vermont 16 Yes No Lewd or Lascivious Conduct with a Child: No person shall willfully or lewdly commit and lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires, of such person. This section shall not apply if the actor is less than 19 years of age, the child is at least 15 years of age, and the contact is consensual. Sexual Assault: No person shall engage in a sexual act with another person and compel the other person to participate in a sexual act (c) when the other person is under the age of 16 years old, except where the persons are married, or the actor is less than 19 years of age, the child is at least 15 years of age and the act was consensual. (does not apply if the actor was in a form of authority of the child). Virginia 18 No Romeo and Juliet - 3 No Carnal Knowledge of Children between 13 and 15 years old: If any person carnally knows, without the use of force, a child 13 years of age or older, but under the age of 15, such person will be guilty of a Class 4 Felony. However, if the child consents to the act, the actor/accused is also a minor, and the child is 3 or more years the accused junior, the accused shall be guilty of a Class 6 Felony. If such consenting child is less than 3 years the accused junior, the accused will be guilty of a Class 4 Misdemeanor.