Ages of consent in North America - AbsoluteAstronomy.com

The ages of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...

in North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...

for sexual activity

Human sexual behavior

Human sexual activities or human sexual practices or human sexual behavior refers to the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts from time to time, and for a wide variety of reasons...

vary by jurisdiction.

The age of consent in Canada

Canada

Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

is 16 and all US

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

states set their limits between 16 and 18.

The ages of consent in the countries of Central America

Central America

Central America is the central geographic region of the Americas. It is the southernmost, isthmian portion of the North American continent, which connects with South America on the southeast. When considered part of the unified continental model, it is considered a subcontinent...

range from 15 to 18.

The age of consent in Mexico

Mexico

The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

is complex. Typically, Mexican states have a "primary" age of consent (which may be as low as 12), and sexual conduct with persons below that age is always illegal. Sexual relations between adults and teenagers are left in a legal gray area: laws against adults "corrupting" minors may be used sometimes to punish such sexual encounters, as well as laws against engaging in sexual relations with "chaste and honest" teenage girls by means of "seduction". These laws are situational and are subject to interpretation.

The below is a list of all jurisdictions in North America as listed in List of sovereign states and dependent territories in North America.

Overview

The age of consent is the age at or above which a person is considered to have the legal capacity to consent to sexual activity. Both partners must be of legal age to give consent, although exceptions may exist when both partners are within a certain number of years in age. Persons below the age of consent may not, by law, give consent, and sexual relations involving such persons may be punished by criminal sanctions similar to those for rape or sexual assault. Non-violent sexual contact with persons under the age of consent may be punished as "statutory rape" or a similar legal term.

Historically, the age of consent applied to male-female relationships; homosexual

Homosexuality

Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...

relationships were often illegal in themselves regardless of the ages. Modern laws have explicitly recognized different relationships, but the circumstances may affect the legal status, and there may be multiple "ages" that apply in any jurisdiction. For instance, different ages may apply if the relationship is homosexual, or if the sexual contact is other than vaginal intercourse

Sexual intercourse

Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...

. Also, different ages may apply if one partner is in a position of power or authority over the other (e.g., a teacher-student relationship).

Antigua and Barbuda

In Antigua and Barbuda

Antigua and Barbuda

Antigua and Barbuda is a twin-island nation lying between the Caribbean Sea and the Atlantic Ocean. It consists of two major inhabited islands, Antigua and Barbuda, and a number of smaller islands...

, the age of consent is 16. The Sexual Offences Act of 1995 raised the age of consent from 14 to 16 years of age.

Sexual Intercourse with female between fourteen and sixteen

6. (1) Where a male person has sexual intercourse with a female person who is not his wife with her consent and who has attained the age of fourteen years but has not yet attained the age of sixteen years, he is guilty of an offence, and is liable on conviction to imprisonment for ten years.

(2) A male person is not guilty of an offence under subsection (1) –

(a) if he honestly believed that the female person was sixteen years of age or more; or

(b) if the male person is not more than three years older than the female person and the court is of the opinion that the evidence discloses that as between the male person and the female person, the male person is not wholly or substantially to blame.

Sexual intercourse with male under sixteen

7. (1) Where a female adult has sexual intercourse with a male person who is not her husband and who is under the age of sixteen years, she is guilty of an offence, whether or not the male person consented to the intercourse, and is liable on conviction to imprisonment for seven years.

A female adult is not guilty of an offence under subsection (1) –

(a) if she honestly believed that the male person was sixteen years of age or more; or

(b) if the female adult is not more than three years older than the male person and the court is of the opinion that evidence discloses that as between the female adult and the male person, the female adult is not wholly or substantially to blame.

Anguilla (United Kingdom)

The age of consent in Anguilla

Anguilla

Anguilla is a British overseas territory and overseas territory of the European Union in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin...

is 16. It is determined in Part 14 of the Criminal Code -
SEXUAL OFFENCES -Sexual Offences Against Minors - by Article 143. "Sexual intercourse with person between 14 and 16 years of age".

Bahamas

In the Bahamas

The Bahamas

The Bahamas , officially the Commonwealth of the Bahamas, is a nation consisting of 29 islands, 661 cays, and 2,387 islets . It is located in the Atlantic Ocean north of Cuba and Hispaniola , northwest of the Turks and Caicos Islands, and southeast of the United States...

, the age of consent for opposite-sex activity is 16 and the age of consent for same-sex activity is 18. Since 1991 homosexuality was legalized. However, "public homosexuality" is an offense that carries a 20 year jail term without parole. Art. 16

11. (1) Any person who has unlawful sexual intercourse with any person being of or above fourteen years of age and under sixteen years of age, whether with or without the consent of the person with whom he had unlawful sexual intercourse, is guilty of an offence and liable to imprisonment for life subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years.

Further reading:

Gay Times information on the Bahamas
Interpol's information page on the Bahamas

Barbados

In Barbados

Barbados

Barbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...

the age of consent is 16.

Section 5, part I ‘Sexual intercourse with person between 14 and 16’ of the Sexual Offences Act 1992

(1) Where a person has sexual intercourse with another with the other's consent and that other person has attained the age of 14 but has not yet attained the age of 16 that person is guilty of an offence and is liable on conviction on indictment to imprisonment for a term of 10 years.

Belize

In Belize

Belize

Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...

, the age of consent is 16 for all heterosexuals. Since 2003, male homosexuality has been re-criminalized (regardless of age)

The legislation reads:

Criminal Code [CAP. 101]

Section 47.2

"Every person who (a) unlawfully and carnally knows any girl who is of or above the age of fourteen years but under the age of sixteen years (...) shall be guilty of an offence and on conviction thereof be imprisoned for a term which shall not be less than five years nor more than ten years."

Section 53. "Unnatural Crime"

“Every person who has carnal intercourse against the order of nature with any person or animal
shall be liable to imprisonment for ten years.”

Bermuda (United Kingdom)

In Bermuda

Bermuda

Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...

, the age of consent is 16 for heterosexual and female homosexual acts, while the age of consent for male homosexual acts is maintained at 18.

Male homosexual acts were decriminalized in Bermuda

Bermuda

since 1994 where the above conditions were set .

Canada

The Tackling Violent Crime Act

Tackling Violent Crime Act

The Tackling Violent Crime Act is an omnibus statute that was given royal assent on February 28, 2008. The statute primarily deals with strengthening gun control in Canada as well as fighting drunk driving, drug-impaired driving and to increase the age of consent to sexual intercourse from 14 to 16....

took effect on 1 May 2008, raising the age of consent to 16 from 14.

There exist two close in age exemptions, depending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than them. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than them.

Although Canada

Canada

is a federation

Federation

A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...

, the criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government

Government of Canada

The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...

, so the age of consent is uniform throughout Canada. Section 151 of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years. Section 153 then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative". The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach. For determining whether or not a relationship is "exploitative", s. 153 (1.2) of the Code provides that a judge can consider how old the youth is, the difference in ages between the partners, how the relationship evolved, and the degree of control or influence that the older partner has over the youth.

The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2

Bill C-2

Bill C-2 is part of Canadian legislation. It was initially read October 8, 2004 and published on the net five days later. After moving from the House of Commons to the Senate, after its first Senate reading on June 14, 2005 it was amended two days later, four days prior to its second Senate reading...

where a judge may choose to term a situation to be sexual exploitation based on the age of the younger party, age difference, evolution of the relationship (how it developed, e.g.: quickly and secretly over the Internet), the control or influence over the young person (degree of control or influence the other person had over the young person). This passed before the 2008 amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 (16-17).

Where an accused is charged with an offence under s. 151 (Sexual Interference), s. 152 (Invitation to sexual touching), s. 153(1) (Sexual exploitation), s. 160(3) (Bestiality in presence of or by child), or s. 173(2) (Indecent acts), or is charged with an offence under s. 271 (Sexual assault), s. 272 (Sexual assault with a weapon, threats to a third party, or causing bodily harm), or s. 273 (Aggravated sexual assault) in respect of a complainant under the age of fourteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge.

Anal intercourse

Section 159 of the Criminal Code criminalizes every act of anal intercourse, but provides exceptions for a husband and wife, and any two persons over the age of 18. These exceptions do not apply if a third adult is present, or if the anal intercourse takes place anywhere but in private. However, courts in Ontario

Ontario

Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

, Quebec

Quebec

Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

, and Alberta

Alberta

Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...

have independently declared s. 159 to be unconstitutional as violations of the equality provision

Section Fifteen of the Canadian Charter of Rights and Freedoms

Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...

of the Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

History

During the 19th century, the age of consent for heterosexual vaginal sex was 12, in 1890, the Parliament raised the age of consent to 14. The punishment for anyone who had sexual intercourse with someone younger than 14 was life imprisonment

Life imprisonment

Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

and whipping

Flagellation

Flagellation or flogging is the act of methodically beating or whipping the human body. Specialised implements for it include rods, switches, the cat o' nine tails and the sjambok...

, while the punishment for anyone who only attempted to seduce an underage girl was two years' imprisonment and whipping. Canada had also laws against "seducing" minor girls who were over the age of consent. In 1886, a law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal in 1886, and amended in 1887 to apply to females under 21. After the raising of the age of consent to 14, the laws against "seducing" minor girls were amended to apply to those older than 14, and various laws of this kind have remained in force through the 20th century. The age of consent was raised from 14 to 16 in the spring of 2008, when the Tackling Violent Crime Act became effective. The new measures still allow for close in age exceptions between 12 and 16: if there is no more than a two-year gap for those 12 and 13, or a five-year gap for those 14 and 15. Anal sex remains illegal with exceptions for those over 18, if they comply with the restrictions set out under section 159.

Female homosexuality was never illegal in the former British colonies; oral sex was legalized in 1969 with the same age of consent as vaginal sex. Also introduced in 1969 were the exceptions regarding criminal anal sex (effectively legalizing it), but with a higher age barrier set at 21 & older, under section 159; in 1988, the age barrier for these exceptions was lowered to 18 & older. As of 2008 there are no plans to repeal section 159, even though it has been ruled unconstitutional in some Canadian provinces.

Cayman Islands

The age of consent in Cayman Islands

Cayman Islands

The Cayman Islands is a British Overseas Territory and overseas territory of the European Union located in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac, and Little Cayman, located south of Cuba and northwest of Jamaica...

is 16.

Defilement of girls under sixteen years of age, etc.

134. (1) Whoever unlawfully and carnally -

(a) knows any girl under the age of twelve years is guilty of an offence and liable to imprisonment for twenty years; or

(b) knows any girl between the ages of twelve and sixteen years is guilty of an offence and liable to imprisonment for twelve years.

Indecent assaults on females

132. (1) It is an offence for a person to make an indecent assault on a woman.

(2) A girl under the age of sixteen cannot in law give any consent which would prevent an act being an assault for the purposes of this section.

Caribbean Netherlands

Clipperton Island (France)

Clipperton Island

Clipperton Island is an uninhabited nine-square-kilometre coral atoll in the eastern Pacific Ocean, southwest of Mexico and west of Central America, at...

is an uninhabited nine-square-kilometre (approx. 3.5-square-mile) coral atoll

Atoll

An atoll is a coral island that encircles a lagoon partially or completely.- Usage :The word atoll comes from the Dhivehi word atholhu OED...

in the eastern Pacific Ocean, a state private property under the direct authority of the French government, administered by the Minister of Overseas France

Minister of Overseas France

The Minister of Overseas France is a cabinet member in the Government of France responsible for overseeing French overseas departments and territories .The position is currently held by Brice Hortefeux, who is also the Minister of the Interior...

. The laws of France where applicable apply. See Age of consent Europe#France.

Costa Rica

In Costa Rica

Costa Rica

Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....

under the Penal Code of 2004, the age of consent is 15, regardless of sexual orientation and/or gender.

Relaciones sexuales con personas menores de edad

ARTÍCULO 159.- Quien, aprovechándose de la edad, se haga acceder otenga acceso carnal por vía oral, anal o vaginal, con una persona decualquier sexo, mayor de doce años y menor de quince, aun con su consentimiento, será sancionado con pena de prisión de dos a seis años. Igual pena se impondrá si la acción consiste en introducir, por vía vaginal o anal uno o varios dedos u objetos. (...)

Sexual relations with minors

Translation: Article 159. Anyone who, taking advantage of age, attempts to obtain or obtains carnal access, by oral, anal or vaginal penetration, to a person of either sex who is over 12 and under 15 years of age, even with his or her consent, shall be punishable with two to six years' imprisonment. A similar penalty shall be imposed if the act involves the introduction of one or more fingers or objects into the vagina or anus. (...)

LGBT rights in Costa Rica

Dominica

In Dominica

Dominica

Dominica , officially the Commonwealth of Dominica, is an island nation in the Lesser Antilles region of the Caribbean Sea, south-southeast of Guadeloupe and northwest of Martinique. Its size is and the highest point in the country is Morne Diablotins, which has an elevation of . The Commonwealth...

the age of consent is 16.

‘Defilement of girls between fourteen (14) and sixteen (16) years of age’, Article 4 of the " Sexual Offences Act "

" (1) Subject to subsections (2) and (3), any person who -
a) unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of any girl of or above the age of fourteen (14) years and under the age of sixteen (16) years (...) - is liable to imprisonment for seven years.

El Salvador

In El Salvador

El Salvador

El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...

, the age of consent appears to be 18 (although the laws are not clear cut in regard to sexual acts with persons aged between 15 and 18).

CHILDREN YOUNGER THAN 15:

VIOLACIÓN EN MENOR O INCAPAZ

Art. 159.- El que tuviere acceso carnal por vía vaginal o anal con menor de quince años de edad o con otra persona aprovechándose de su enajenación mental, de su estado de inconsciencia o de su incapacidad de resistir, será sancionado con prisión de catorce a veinte años.
Approximate translation: "Anyone who has vaginal or anal knowledge of a minor younger than fifteen years of age or of another person by taking advantage of their insanity, their state of unconsciousness or inability to resist, shall be punished with imprisonment of fourteen to twenty years."

CHILDREN AGED BETWEEN 15 AND 18:

Several laws apply to sex with persons aged between 15 and 18.

Article 169 makes it illegal to "promote, facilitate, manage, finance, instigate or organize in any way the use of persons under eighteen years of age in sexual or erotic acts individually or organized, publicly or privately".

Art. 169.- El que promoviere, facilitare, administrare, financiare, instigare u organizare de cualquier forma la utilización de personas menores de dieciocho años en actos sexuales o eróticos, de manera individual u organizada, de forma pública o privada, será sancionado con pena de tres a ocho años de prisión.

En igual responsabilidad incurrirá quien con conocimiento de causa autorizare el uso o arrendare el inmueble para realizar cualquiera de las actividades descritas en el inciso anterior.

Approximate translation: Article 169 .- Any person who promotes, facilitates, manages, finances, instigates or organizes in any way the use of persons under eighteen years of age in sexual or erotic acts, individually or organized, publicly or privately, shall be punished with penalty of three to eight years in prison.

Similarly, anyone who knowingly authorizes the use or rents a property to perform any of the activities described in the preceding paragraph, incurs criminal liability.

Article 167 makes it illegal to "promote or facilitate the corruption of a person under eighteen (...) through various sexual acts of carnal knowledge, even if the victim consents to participate in them".

CORRUPCIÓN DE MENORES E INCAPACES

Art. 167.- El que promoviere o facilitare la corrupción de una persona menor de dieciocho años de edad o de un deficiente mental, mediante actos sexuales diversos del acceso carnal, aunque la víctima consintiere participar en ellos, será sancionado con prisión de seis a doce años.

Approximate translation: Article 167 .- Any person who promotes or facilitates the corruption of a person under eighteen years of age or a mentally handicapped through various sexual acts of carnal knowledge, even if the victim consents to participate in them, shall be punished with imprisonment of six to twelve years.

Article 171 deals with "obscene exhibition", and also appears to set the age of consent at 18.

EXHIBICIONES OBSCENAS

Art. 171.- El que ejecutare o hiciere ejecutar a otros actos lúbricos o de exhibición obscena, o indecorosa, en lugar público o expuesto al público o bien ante menores de dieciocho años de edad o deficientes mentales, será sancionado con prisión de dos a cuatro años.

Approximate translation: Art. 171. Anyone who performs or makes others perform acts of lewd or lascivious exhibition, or indecency in a public place or a place open to the public or to minors under eighteen years of age or mentally handicapped, shall be punished with imprisonment from two to four years.

Articles 163 and 154 of the Penal Code (Código Penal) deal with estupro and make it illegal to use deception (engaño) or to take advantage of one's superiority (superioridad) that arises from a relationship in order to gain sexual access to teenagers aged between 15 and 18.

ESTUPRO

Art. 163.- El que tuviere acceso carnal por vía vaginal o anal mediante engaño, con persona mayor de quince años y menor de dieciocho años de edad, será sancionado con prisión de cuatro a diez años.

Approximate translation: Art. 163. "Anyone who has vaginal or anal intercourse, by using deception, with a person over fifteen and under eighteen years of age, shall be punished with imprisonment of four to ten years".

ESTUPRO POR PREVALIMIENTO

Art. 164.- El que tuviere acceso carnal por vía vaginal o anal con persona mayor de quince y menor dieciocho años de edad, prevaliéndose de la superioridad originada por cualquier relación, será sancionado con prisión de seis a doce años.

Approximate translation: Art. 164. "Anyone who has vaginal or anal intercourse with a person over fifteen and under eighteen years of age, relying on the superiority arising from any relationship, shall be punished with imprisonment from six to twelve years."

Greenland (Denmark)

The laws of Denmark, where applicable, apply. See Ages of consent in Europe#Denmark.

Guatemala

In Guatemala

Guatemala

Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...

, the age of consent is 18, regardless of sexual orientation and/or gender. The Law against Sexual Violence, Exploitation, and Trafficking in Persons was passed in February 2009, and provides sentences ranging from 13 to 24 years in prison, depending on the victim's age, for sex with a minor.

Honduras

In Honduras

Honduras

Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...

, the age of consent is 15, regardless of sexual orientation and/or gender.

Jamaica

In Jamaica

Jamaica

Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...

the age of consent is 16.

‘Above twelve (12) and under sixteen (16)’, Article 50, " Offences Against the Person "

" Whosoever shall unlawfully and carnally know and abuse any girl being above the age of twelve (12) years and under the age of sixteen (16) years shall be guilty of a misdemeanour, and
being convicted thereof, shall be liable to imprisonment for a term not exceeding seven years;

Mexico

In Mexico

Mexico

, criminal legislation is shared between the federal and state governments. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 (sex with someone 12-18 is not illegal per se, but can still be open to prosecution under certain circumstances). Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age.
At state level, the minimum ages of consent vary between 12 (and puberty in a few states) and 15, while the age at which there are no restrictions for consensual sexual activities vary from 16 to 18 (most common 18).

Federal Law

Article 261 of the Federal Criminal Code (PDF) states that: ”Whoever, without the purpose of reaching copulation, performs a sexual act in a person under 12 or in a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist, or demands that the act is performed, will be punished with a term of 2 to 5 years in prison”. If the offender uses moral or physical violence, an extra half term is added to the initial time.

Article 266 refers to the previous article 265, which covers the rape

Rape

Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

of adults in general and establishes a term of 8 to 14 years in prison for sex obtained through physical or moral violence. Article 266 then states that: "It is equivalent to rape and will be punished with the same penalty: (1st Clause) – who without violence performs a copulation with a person under 12”. The 3rd Clause of this article punishes with the same penalties also “the vaginal or anal introduction of objects, without violence and with lascivious goals”, in a person under 12 or in a person that has no capacity of understanding the meaning of the fact, or for any reason cannot resist. If any of the aforementioned acts is performed with physical or moral violence, the sentence is raised in up to a half.

A further article, 266 Bis, determines an extra penalty of up to a half under certain circumstances – (a) when there are multiple offenders; (b) when the offense is committed by a parent, legal guardian, stepfather or “companion” (amasio) of the mother; (c) when there is an abuse of authority

Authority

The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...

of someone as a civil servant

Civil service

The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....

; (d) when the crime is committed by a person who has the minor under his or her custody

Child custody

Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

, guard or education, or yet through the abuse of trust.

There is another crime in Article 262 for consented sex with adolescents aged 12 to 18, when consent is obtained through deceit

Deception

Deception, beguilement, deceit, bluff, mystification, bad faith, and subterfuge are acts to propagate beliefs that are not true, or not the whole truth . Deception can involve dissimulation, propaganda, and sleight of hand. It can employ distraction, camouflage or concealment...

. The penalty is 3 months to 4 years in prison. This crime, however, is prosecuted only through a complaint

Complaint

In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...

of the minor or his/her parents or legal guardians, as determined in Article 263.

Artículo 262 del Código Penal : " Al que tenga cópula con persona mayor de doce años y menor de
dieciocho, obteniendo su consentimiento por medio de engaño, se le aplicará de tres meses a cuatro
años de prisión. "

Translation: Article 262: "Whoever fornicates with a person over twelve and under eighteen years of age, and has obtained their consent by means of deception, is subject to three months to four years in prison."

Article 201 prohibits the "corruption" of a minor under 16.

Further reading:

(PDF) Official version - Mexican Chamber of Deputies website. (in Spanish)
Copy in HTML/PDF, browsable by section (in Spanish)
Interpol website (in Spanish))

Local laws

State	Minimum age of consent (sex with persons under this age is always illegal)	Age at which there are no restrictions (sex with persons below this age is not illegal per se, but it is still open to prosecution)	"Violación equiparada"	"Estupro"
Aguascalientes Aguascalientes Aguascalientes is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 11 municipalities and its capital city is Aguascalientes....	12	16	25	23
Baja California Baja California Baja California officially Estado Libre y Soberano de Baja California is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is both the northernmost and westernmost state of Mexico. Before becoming a state in 1953, the area was known as the North...	14	18	177	182
Baja California Sur Baja California Sur Baja California Sur , is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. Before becoming a state on October 8, 1974, the area was known as the South Territory of Baja California. It has an area of , or 3.57% of the land mass of Mexico and comprises...	12	18	286	290
Campeche Campeche Campeche is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. Located in Southeast Mexico, it is bordered by the states of Yucatán to the north east, Quintana Roo to the east, and Tabasco to the south west...	12	18	228	230
Chiapas Chiapas Chiapas officially Estado Libre y Soberano de Chiapas is one of the 31 states that, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 118 municipalities and its capital city is Tuxtla Gutierrez. Other important cites in Chiapas include San Cristóbal de las...	12	18	157	155
Chihuahua	14	18	172	177
Coahuila Coahuila Coahuila, formally Coahuila de Zaragoza , officially Estado Libre y Soberano de Coahuila de Zaragoza is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico...	12	16	386	394
Colima Colima Colima is one of the 31 states which, with the Federal District, make up the 32 Federal Entities of Mexico. It shares its name with its capital and main city, Colima....	14	18	209	211
Distrito Federal Distrito Federal Distrito Federal may refer to:Mexican Federal DistrictBrazilian Federal District-See also:Distrito Capital: Bogotá Capital DistrictDistrito Capital: Venezuelan Capital District...	12	18	181 bis	180
Durango Durango Durango officially Estado Libre y Soberano de Durango is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. The state is located in Northwest Mexico. With a population of 1,632,934, it has Mexico's second-lowest population density, after Baja...	14	18	394	388
Guanajuato Guanajuato Guanajuato officially Estado Libre y Soberano de Guanajuato is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 46 municipalities and its capital city is Guanajuato....	12	16	181	185
Guerrero Guerrero Guerrero officially Estado Libre y Soberano de Guerrero is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 81 municipalities and its capital city is Chilpancingo....	12	18	140	145
Hidalgo	12	18	180	185
Jalisco Jalisco Jalisco officially Estado Libre y Soberano de Jalisco is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is located in Western Mexico and divided in 125 municipalities and its capital city is Guadalajara.It is one of the more important states...	12	18	176	142-I
México Mexico (state) México , officially: Estado Libre y Soberano de México is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of the United Mexican States. It is divided in 125 municipalities and its capital city is Toluca de Lerdo....	15	18	273	271
Michoacán Michoacán Michoacán officially Estado Libre y Soberano de Michoacán de Ocampo is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 113 municipalities and its capital city is Morelia...	12	16	240	243
Morelos Morelos Morelos officially Estado Libre y Soberano de Morelos is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 33 municipalities and its capital city is Cuernavaca....	12	18	154	159
Nayarit Nayarit Nayarit officially Estado Libre y Soberano de Nayarit is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 20 municipalities and its capital city is Tepic.It is located in Western Mexico...	Puberty	18	260	258
Nuevo León Nuevo León Nuevo León It is located in Northeastern Mexico. It is bordered by the states of Tamaulipas to the north and east, San Luis Potosí to the south, and Coahuila to the west. To the north, Nuevo León has a 15 kilometer stretch of the U.S.-Mexico border adjacent to the U.S...	14	18	266	262
Oaxaca Oaxaca Oaxaca , , officially Estado Libre y Soberano de Oaxaca is one of the 31 states which, along with the Federal District, comprise the 32 federative entities of Mexico. It is divided into 571 municipalities; of which 418 are governed by the system of customs and traditions...	12	18	247	243
Puebla Puebla Puebla officially Estado Libre y Soberano de Puebla is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 217 municipalities and its capital city is Puebla....	12	18	272	266
Querétaro Querétaro Querétaro officially Estado Libre y Soberano de Querétaro de Arteaga is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided into 18 municipalities and its capital city is Santiago de Querétaro....	Puberty	17	161	167
Quintana Roo Quintana Roo Quintana Roo officially Estado Libre y Soberano de Quintana Roo is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 10 municipalities and its capital city is Chetumal....	12	18	127	130
San Luis Potosí San Luis Potosí San Luis Potosí officially Estado Libre y Soberano de San Luis Potosí is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 58 municipalities and its capital city is San Luis Potosí....	12	16	152	149
Sinaloa Sinaloa Sinaloa officially Estado Libre y Soberano de Sinaloa is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 18 municipalities and its capital city is Culiacán Rosales....	12	18	180	184
Sonora Sonora Sonora officially Estado Libre y Soberano de Sonora is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided into 72 municipalities; the capital city is Hermosillo....	Puberty	18	215	220
Tabasco Tabasco Tabasco officially Estado Libre y Soberano de Tabasco is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 17 municipalities and its capital city is Villahermosa....	12	17	150	153
Tamaulipas Tamaulipas Tamaulipas officially Estado Libre y Soberano de Tamaulipas is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 43 municipalities and its capital city is Ciudad Victoria. The capital city was named after Guadalupe Victoria, the...	12	18	275	270
Tlaxcala Tlaxcala Tlaxcala officially Estado Libre y Soberano de Tlaxcala is one of the 31 states which along with the Federal District comprise the 32 federative entities of Mexico. It is divided into 60 municipalities and its capital city is Tlaxcala....	Puberty		222
Veracruz	14	16	182	185
Yucatán Yucatán Yucatán officially Estado Libre y Soberano de Yucatán is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 106 municipalities and its capital city is Mérida....	13	16	315	311
Zacatecas Zacatecas Zacatecas officially Estado Libre y Soberano de Zacatecas is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 58 municipalities and its capital city is Zacatecas....	13	18	237	234

All Mexican states (as well as Mexico City) have Corruption of Minors statutes that can, upon complaint of the family (or minor), be used to punish sexual relations with persons under eighteen. It should be noted that while actual prosecutions for violations of Corruption of Minors statutes (and age of consent statutes in general) tend to be sporadic, regional, and very situation dependent, many Mexican states nonetheless classify Corruption of Minors as a "Delito Grave" (Grave Crime) in their penal codes.

Additionally, all the states have "Estupro" laws that can, upon complaint of the family (or minor female), be used to prosecute adults who engage in sexual intercourse with "chaste" and "honest" females under eighteen by means of "seduction" or deceit (such as the false promise of marriage).

In some Mexican jurisdictions prosecutors have chosen to prosecute consensual sexual activity involving adults and underage minors only upon a custodial complaint.

Federal District

The age of consent in the Federal District (Mexico City

Mexico City

Mexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...

) is 12, one of the lowest in the world, and the overall criminal legislation of Mexico’s capital is close to that of the federal law regarding this subject, although tougher in some aspects – higher penalties and broader definitions.

According to the Estatuto del Gobierno del Distrito Federal (PDF)(in Spanish) (Government Statute of the Federal District), Article 42, Clause XII, the District’s Legislative Assembly has powers to legislate in criminal law

Criminal law

Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

.

Article 175 of the Federal District Criminal Code refers to the previous Article 174, which stipulates a term of 6 to 17 years of prison for the rape

Rape

of adults, while defining copulation

Sexual intercourse

as “the introduction of the penis

Penis

The penis is a biological feature of male animals including both vertebrates and invertebrates...

in the human body

Anatomy

Anatomy is a branch of biology and medicine that is the consideration of the structure of living things. It is a general term that includes human anatomy, animal anatomy , and plant anatomy...

through the vagina

Vagina

The vagina is a fibromuscular tubular tract leading from the uterus to the exterior of the body in female placental mammals and marsupials, or to the cloaca in female birds, monotremes, and some reptiles. Female insects and other invertebrates also have a vagina, which is the terminal part of the...

, anus

Anus

The anus is an opening at the opposite end of an animal's digestive tract from the mouth. Its function is to control the expulsion of feces, unwanted semi-solid matter produced during digestion, which, depending on the type of animal, may be one or more of: matter which the animal cannot digest,...

or mouth

Mouth

The mouth is the first portion of the alimentary canal that receives food andsaliva. The oral mucosa is the mucous membrane epithelium lining the inside of the mouth....

”. Article 175 (violación) then states that: "It is equivalent to rape and will be punished with the same penalty: (1st Clause) – who performs a copulation with a person under 12 years of age or with a person that has no capacity

Capacity (law)

The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will...

of understanding the meaning of the act or that for any reason cannot resist”; The 2nd Clause defines as committing the same crime whoever “introduces in the vagina or anus any element, instrument or any part of the human body different from the penis”, in relation to these same persons.

Article 177 covers “sexual abuse

Sexual abuse

Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...

” and punishes other acts referred as “unintentional” acts –“who without purpose of reaching copulation, performs a sexual act with a person under 12 or a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist it, or that demands that such act is observed or performed, will be punished with 2 to 7 years in prison”.

In both Articles (175 and 177), there is an extra half term in case of physical or moral violence. And according to Article 178, there is also a punishment of an extra two thirds of the term under the same circumstances foreseen in Article 266 Bis of the Federal Law (see above), added by two new circumstances – (clause V) when the victim is inside a private vehicle or a public service vehicle

Public transport

Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...

; and (clause VI) when the crime is committed in a desert or isolated place.

There is a crime called estupro stipulated in Article 180, which refers to consented sex with adolescents aged 12 to 18, when consent is obtained through any means of deceit

Deception

. The penalty is 6 months to 4 years of prison. This crime needs a complaint (querella) to be prosecuted.

There is a Corruption of Minors statute (Article 184) that can be used to punish by imprisonment, for seven to twelve years, adults who engage in sexual relations with persons under eighteen. This situation exists all over Mexico, and can be prosecuted upon complaint of victim or the victim's family.

Montserrat (United Kingdom)

The age of consent in Montserrat

Montserrat

Montserrat is a British overseas territory located in the Leeward Islands, part of the chain of islands called the Lesser Antilles in the West Indies. This island measures approximately long and wide, giving of coastline...

is 16.

Unlawful sexual intercourse with girl under age of sixteen

121.(1) Subject to the provisions of the section, a man who has unlawful
sexual intercourse with a girl above the age of thirteen and under the age of
sixteen shall be guilty of an offence and liable to imprisonment for two
years.

(2) It is immaterial in the case of a charge for an offence under this
section that the intercourse was had with the consent of the girl concerned.

Indecent assault on a woman

122.(1) Subject to the provisions of this section, any man who makes an
indecent assault on a woman shall be guilty of an offence and liable— (...)

(2) A girl under the age of sixteen years cannot in law give consent
which would prevent an act being an assault for the purposes of this
section.

Nicaragua

In Nicaragua

Nicaragua

Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...

, the age of consent is 18, although, in regard to victims 16-17, the law (Article 175) is not clear cut.

Article 170. Statutory rape

Anyone who is married or in a stable de facto union or who is of age and who, without violence or intimidation, has or allows carnal access with a person aged between 14 and 16 shall be sentenced to imprisonment for a period of two to four years.

Article 175. Sexual exploitation, pornography and paid sexual acts with adolescents

Anyone who induces, provides, promotes or uses persons aged under 16 or a disabled person for sexual or erotic purposes, forcing them to witness or participate in an act or show in public or in private, even if the victim consents to witness or participate in such an act, shall be sentenced to imprisonment for a period of five to seven years, or four to six years if the victim is aged between 16 and 18.

(...)

Article 168. Rape of children under the age of 14

Anyone who has or allows carnal access with a person aged under 14 or who, for sexual purposes, inserts or forces the victim to insert a finger, object or instrument, by way of the vagina, anus or mouth, with or without consent, shall be sentenced to imprisonment for a period of 12 to 15 years.

Article 172. Sexual abuse

Anyone who engages in lewd acts with or improper touching of another person, without their consent, (...)

In no circumstances shall the victim be considered to have given consent if the victim is under the age of 14 or has a mental disability or illness.

Panama
In Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...

, the age of consent appears to be 18.

Laws regarding persons aged between 14 and 18:

Article 215 appears to prohibit sexual acts with minors:

Article 215 C: “He who maltreats a minor shall be sanctioned with imprisonment from one to six years. The following conducts typify maltreatment of minors: (...) 2) Committing, inducing or helping to commit sexual abuse against him, or other lustful or lewd acts, even though they do not imply carnal access (...)

Article 226 deals with the "corruption" of minors and prohibits sexual acts with persons younger than 18 (although it is not clear if this article prohibits such sex acts per se or only if the victim was "corrupted"):

"Article 226: “He who corrupts or facilitates the corruption of a person under 18 years of age, practicing with her a lewd act or inducing her to practice or view it, shall be sanctioned with imprisonment of two to four years”.

Another article, Article 219, prohibits consensual sex acts with a "maiden woman, over 14 years old and under 18" (probably understood to mean a virgin girl aged 14–18):

Article 219: “He who has carnal access to a maiden woman, over 14 years old and under 18, with her consent, shall be sanctioned with prison of one to three years. If a marriage promise is involved, or if the deed is committed by a relative, a minister of a cult that the victim professes, a tutor, teacher or person in charge, by means of any title, of the education, safe keeping or upbringing of the victim, the penalty can be increased up to twice the amount”.

In regard to the Article 219, the action or penalty is to be extinguished if the author and the assaulted person are to be married, this is stipulated by Article 225.

Laws regarding persons younger than 14:

Article 216: “He who has sexual access with persons of either sex, utilizing his genital organs or other parts of his body, or introducing any object in the genitals, mouth or anus of the victim, shall be sanctioned with imprisonment from three to ten years in the following cases: 1) When violence or intimidation is used; 2) When the assaulted person is deprived of reason or of sense or when due to physical or mental sickness or for any other cause she cannot resist; 3) When the victim is arrested or imprisoned and entrusted to the guilty party to supervise her or take her from one place to another; and 4) With a person of either sex that is not 14 years old, even though none of the circumstances expressed previously apply.”

Article 220: “He who with the purpose of achieving carnal access executes libidinous acts in prejudice of a person of either sex, by means of violence or intimidation, or when the victim is not 14 years old or cannot resist, shall be sanctioned with imprisonment of three to six years. The sanction can be increased by one third to half, if any one of the circumstances established in the second paragraph or Article 219 occur.”

Puerto Rico (United States)
The age of consent in Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...

is 16.

Article 142.- Sexual Assault.- Any person who performs sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental under any of the following circumstances shall incur a second degree felony:

(a) When the victim has not attained the age of sixteen (16) years at the time of the commission of the crime

(...)

Article 144.- Lewd Acts.- Any person who without the intention to consummate the crime of sexual assault described in Article 142 submits another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the accused, under any of the following circumstances hereinbelow, shall incur a third degree felony.

(a) When the victim has not attained the age of sixteen (16) years at the time of the commission of the crime

(...)

Saint Vincent and the Grenadines
The age of consent in Saint Vincent and the Grenadines
Saint Vincent and the Grenadines
Saint Vincent and the Grenadines is an island country in the Lesser Antilles chain, namely in the southern portion of the Windward Islands, which lie at the southern end of the eastern border of the Caribbean Sea where the latter meets the Atlantic Ocean....

is 15. The penalty for statutory rape of a girl over 13 but under 15 is five years' imprisonment; under 13 it is life imprisonment.

Sint Maarten
The age of consent in Sint Maarten is 15, as specified by the Criminal Code of the Netherlands Antilles
Netherlands Antilles
The Netherlands Antilles , also referred to informally as the Dutch Antilles, was an autonomous Caribbean country within the Kingdom of the Netherlands, consisting of two groups of islands in the Lesser Antilles: Aruba, Bonaire and Curaçao , in Leeward Antilles just off the Venezuelan coast; and Sint...

(which Sint Maarten didn't change after the dissolution of the Netherlands Antilles), Articles 251, which reads:

Art 251: "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years".

Procecution only takes place upon a "complaint" by the minor, his parents, teacher, or the guardianship board.

United States

The United States of America

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

is a federation

Federation

A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...

of states where the age of consent laws are made at the state

U.S. state

A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

level. There exist several federal

Federal government of the United States

The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

statutes related to protecting minors from sexual predators, but none of them imposes an age limit on sexual acts. On 26 June 2003, both heterosexual and homosexual sodomy became legal in all US states and territories under a US Supreme Court decision called Lawrence v. Texas

Lawrence v. Texas

Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...

(between non-commercial, consenting adults in a private bedroom). In Limon v. Kansas

Limon v. Kansas

State v. Limon is a Kansas Supreme Court case in which a state law allowing for lesser punishment for statutory rape convictions if the partners were of different sexes than if they were of the same sex was found unconstitutional under both the federal and Kansas state constitutions...

(2005), the Kansas Supreme Court used Lawrence as a precedent to overturn the state's "Romeo and Juliet" law, which proscribed lesser penalties for heterosexuals than homosexuals convicted of similar age of consent related offenses.

Federal laws

{Chapter 117, 18 U.S.C. 2422(b)} forbids the use of the United States Postal Service or other interstate or foreign means of communication, such as telephone calls or use of the internet, to persuade or entice a minor (defined as under 18 throughout chapter) to be involved in a criminal sexual act. The act has to be illegal under state or federal law to be charged with a crime under 2422(b), and can even be applied to situations where both parties reside within the same state but use an instant messenger program whose servers are located in another state.

{Chapter 117, 18 U.S.C. 2423(a)} forbids transporting a minor (defined as under 18) in interstate or foreign commerce with the intent of engaging in criminal sexual acts in which a person can be charged. This subsection is ambiguous on its face and seems to apply only when the minor is transported across state or international lines to a place where the conduct is already illegal to begin with. The United States Department of Justice seems to agree with this interpretation.

{Chapter 117, 18 U.S.C. 2423(b)} forbids traveling in interstate or foreign commerce to engage in "illicit sexual conduct" with a minor. 2423(f) refers to Chapter 109A as its bright line for defining "illicit sexual conduct", as far as non-commercial sexual activity is concerned. For the purposes of age of consent, the only provision applicable is {Chapter 109A, 18 U.S.C. 2243(a)}. 2243(a) refers to situations where such younger person is under the age of 16 years, has attained 12 years of age, and the older person is more than 4 years older than the 12-to-15-year-old (persons under 12 are handled under 18 U.S.C. 2241(c) under aggravated sexual abuse). So, the age is 12 years if one is within 4 years of the 12-to-15-year-old's age, 16 under all other circumstances. This most likely reflects Congressional intent to not unduly interfere with a state's age of consent law, which would have been the case if the age was set to 18 under all circumstances. This law is also extraterritorial

Extraterritorial jurisdiction

Extraterritorial jurisdiction is the legal ability of a government to exercise authority beyond its normal boundaries.Any authority can, of course, claim ETJ over any external territory they wish...

in nature to U.S. Citizens and Residents who travel outside of the United States.

Although legislation tends to reflect general societal attitudes regarding male versus female ages of consent, Richard Posner notes in his Guide to America's Sex Laws;

"The U.S.

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

Supreme Court has held that stricter rules for males do not violate the equal protection clause of the Constitution, on the theory that men lack the disincentives (associated with pregnancy) that women have, to engage in sexual activity, and the law may thus provide men with those disincentives in the form of criminal sanctions."

The Assimilative Crimes Act incorporates local state criminal law when on federal reservations such as Bureau of Land Management property, military posts and shipyards, national parks, national forests, inter alia. Consequently, if an act is not punishable by under any federal law (such as 18 U.S.C. 2243(a) mentioned above) then the local state's age of consent laws would apply to the crime.

Rules applicable US servicemen and women and prisoners of war

Article 120 of the Uniform Code of Military Justice

Uniform Code of Military Justice

The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

(10 U.S.C. § 920), to which essentially only members of the United States Armed Services and enemy prisoners of war are subject, defines the age of consent as sixteen years in subsection but requires evidence of force or coercion concerning victims between the ages of twelve and sixteen years. The victim's age being under sixteen years is also an aggravating factor invoking harsher punishment under both Articles 120 and 125 (Sodomy, 10 U.S.C. § 925). Within the United States, United States servicemembers are further subject to the local state law both when off-post. The local state law is incorporated, for the most part, into federal law when on-post per the Assimilative Crimes Act . Depending upon the relevant status of forces agreement

Status of Forces Agreement

A status of forces agreement is an agreement between a host country and a foreign nation stationing forces in that country. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement...

, United States servicemembers are also subject to the local criminal laws of the host nation for acts committed off-post.

State laws

Each US

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

state has its own age of consent. Currently state laws set the age of consent at 16, 17 or 18. The most common age is 16.

age of consent 16 (31): Alabama, Alaska, Arkansas, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia

age of consent 17 (9): Colorado, Illinois, Louisiana, Missouri, Nebraska, New Mexico, New York, Texas, Wyoming

age of consent 18 (11): Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, Wisconsin

These state laws are discussed in detail below.

Alabama
The age of consent in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...

is 16.

Shown by 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 recently 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.

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 16 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 three 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 three 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 = 3rd 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 16 ( more than 3 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
  Masturbation
  Masturbation refers to sexual stimulation of a person's own genitals, usually to the point of orgasm. The stimulation can be performed manually, by use of objects or tools, or by some combination of these methods. Masturbation is a common form of autoeroticism...
  
  , 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

Arizona

Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

is 18. However there exist in the legislation defenses to prosecution if the defendant is close in age to the "victim" or a spouse of the "victim". Note: these are not close-in-age exceptions but defenses in court.
Arizona Revised Statute 13-1405(A)

13-1407 (Defenses)

B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offence the defendant did not know and could not reasonably have known the age of the victim.
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 victim 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 victim and the conduct is consensual.

Arkansas

The age of consent is 16, with some close in age exemptions.

Details: The age is minimum 16 for a minor (<18) with a major more than 20 years old. Under 18, the younger must not be less than 14, or if so, there is a defense if the minor is not more 4 years younger if above 12, not more 3 years younger if under 12. Sexual intercourse of a major and a minor under 14 is a rape.

Arkansas Code - Title 5. Criminal Offenses - Chapter 14. Sexual Offenses. Sections 5-14-

103,
124,
125,
126,
127

5-14-127. A person commits sexual assault in the fourth degree if the person:
(a)

(1) Being twenty (20) years of age or older, engages in sexual intercourse or deviate sexual activity with another person who is:
- (A) Less than sixteen (16) years of age; and (B) Not the person's spouse; or

(2) Engages in sexual contact with another person who is:
- (A) Less than sixteen (16) years of age; and (B) Not the person's spouse.

(b)

(1) Sexual assault in the fourth degree under subdivision (a)(1) of this section is a Class D felony.
(2) Sexual assault in the fourth degree under subdivision (a)(2) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(2) of this section.

California

The age of consent is 18, with a misdemeanor if the minor has 3 or fewer years of difference with the major, and potentially a felony if the major is more than 3 years older. It is worth emphasizing that unlike most other states, the close-in-age rule in California (3 years) do not provide an exception nor provide any defense; it merely lowers the crime to a misdemeanor. Under this law, two minors of the same age could both be prosecuted. Penalties increase if the minor is under 16 and the major is above 21 or if the minor is more than 3 years younger.

Colorado

The age of consent in Colorado

Colorado

Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...

is 17; however, there exists in the legislation close-in-age exceptions, which allow those aged 15 and 16 to engage in acts with those less than ten years older and those less than 15 to engage in acts with those less than four years older. However a 17-year-old can not legally consent to a person that is in position of trust.

18-3-402(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim;

Connecticut
The general age of consent in Connecticut is 16. This applies in most normal relationships.

However, if any of the following apply, then the age of consent becomes 18:

Where one person is a guardian, or responsible for the general supervision, of the other. See C.G.S. § 53a-71(a)(4).
Where one person is an athletic coach
Coach (sport)
In sports, a coach is an individual involved in the direction, instruction and training of the operations of a sports team or of individual sportspeople.-Staff:...

or an intensive instructor (e.g. piano teacher) outside of a school setting, and the other is being coached or instructed. See C.G.S. § 53a-71(9)(B).
Where one person's professional, legal, occupational or volunteer status gives him/her a role of supervision, power, or authority, over the other's participation in a program or activity, and the older person is at least 20-years-old. See C.G.S. § 53a-71(a)(4).

Age of consent is irrelevant in the following; as even consensual adult sexual activity is criminalized in these relationships:

Where one person is in custody or in a hospital, and the other has supervisory or disciplinary power. See C.G.S. § 53a-71(a)(5).
Where the patient (or former patient) is emotionally dependent on the psychotherapist, or sexual intercourse occurs during a psychotherapy session. See C.G.S. § 53a-71(a)(6).
Where one person is a school employee (of the board of education, by extension excluding post-secondary schools) and the other a student. See C.G.S. § 53a-71(a)(8).
Where one person is an athletic coach or an intensive instructor (e.g. piano teacher) in a secondary (high school) setting and the other a student. See C.G.S. § 53a-71(9)(A).

Connecticut recognizes that minors who are at least 13 can consent to sexual activity if (and only if) there is less than a 3-year age difference. For example:

A 13-year-old can consent to any 15-year-old.

A 15-year-old can consent to any 17-year-old.

A 15-year-old born on February 1 can consent to a 18-year-old born on January 1. This is just under a 3-year age difference.

A 15-year-old born on January 1 cannot consent to an 18-year-old born on February 1. This is just over, and illegal.

However consensual, sexual intercourse within the 3-year age difference by a minor 13- through 17-years-old may, upon a complaint, lead the Connecticut Superior Court to a "family with service needs" finding. See C.G.S. § 46b-120(7)(E). Such a finding would allow the Court to issue orders as it finds necessary in dealing with the matter.

Consensual sexual intercourse over the 3-year age difference (where the minor is 13- to 15-years-old) would subject the older party to a charge of Sexual Assault, 2nd Degree, in violation of C.G.S. § 53a-71(a)(1). Any juvenile offender 14-years-old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. See C.G.S. § 46b-127(a). A guilty verdict would result in conviction of a Class B felony sex offense, with a mandatory minimum of 9 months and maximum 20 years imprisonment. It would not matter if the older person did not know of the age difference, or if the younger person lied about age. However, if the offender is 17-years-old or younger, has a clean record, and such sexual activity was consensual, Youthful Offender status (a pre-trial diversionary program that seals the court record and results in a dismissal of charges) may be granted. See C.G.S. § 54-76b to o.

Connecticut also recognizes that minors under 13 are released from criminal liability as to consensual sexual activity if (and only if) there is less than a 2-year age difference. For example:

A 12-year-old can consent to any 13-year old.

A 12-year-old cannot consent to any 14-year-old.

Consensual (between minors) sexual intercourse over the 2-year age difference (where the minor is under 13-years-old) would subject the older minor to a charge of Sexual Assault, 1st Degree, in violation of C.G.S. § 53a-70(a)(2). A guilty verdict would result in conviction of a Class A felony sex offense, with a mandatory minimum of 5–10 years and maximum 25 years imprisonment. Any juvenile offender 14-years-old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. However, the offender would have the same chance to apply for Youthful Offender status (see Sexual Assault, 2nd Degree above) provided the criteria are met.

A juvenile offender 13-years-old and younger would be charged as a "serious juvenile offender" under C.G.S. § 46b-120(12)(A). Because the charge is a sex offense, the juvenile prosecutor can request that the proceeding designated a "serious sexual offender prosecution". See C.G.S. § 46b-133d(b)-(f). Unless the juvenile waives the right to a trial by jury

Trial by Jury

Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...

, the case proceeds to the regular criminal docket of the Superior Court, where the juvenile must face trial as an adult. If the juvenile agrees to the waiver, the case will proceed through the juvenile system with a bench trial.

Links to Statutes Cited (in numerical order)

Delaware

The age of consent in Delaware

Delaware

Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...

is 18, but it is legal for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30.

Title 11 § 761. Definitions generally applicable to sexual offences.
(j) A child who has not yet reached his or her sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.
Crimes and Criminal Procedure, Delaware Criminal Code

§ 770. Rape in the fourth degree; class C felony.
(a) A person is guilty of rape in the fourth degree when the person:...2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse.

District of Columbia
The age of consent in the District of Columbia is 16 with a close in age exemption for those within four years of age.

Florida
The age of consent in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

is 18, but close in age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.

794.05 Unlawful sexual activity with certain minors.--
(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose
Florida code, Title XLVI, Chapter 794

Georgia

The age of consent in Georgia

Georgia (U.S. state)

Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

is 16 and there is no close-in-age exception, though the offenses are significantly reduced in severity if the actor is under 19 years of age and is no more than 4 years older than the victim.

The crime of "statutory rape" makes it illegal for anyone to have sexual intercourse with someone under the age of 16 that they are not married to. This law specifies that a defendant cannot be convicted on the testimony of the victim alone; some other evidence must be present. This offense carries a minimum sentence of 1 year in prison, and a maximum of 20 years. If the offender is 21 years of age or older, the minimum is raised to 10 years in prison, and the offender is subject to sex offender sentencing guidelines. However, if the victim is 14 or 15 years old and the actor is age 18 or younger and within 4 years of the victim's age, the crime is reduced to a misdemeanor with a maximum sentence of 1 year in prison.

The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person," as well as electronically transmit any depiction of such an act. It carries a minimum sentence of 5 years and a max of 20 years in prison for a first-time offender, as well as mandatory counseling and sex offender sentencing guidelines. For repeat offenders, the minimum 10 years and the maximum is life imprisonment

Life imprisonment

Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

. This crime is subject the same exception as statutory rape stated above if the victim is 14 or 15 years old and the actor is 18 or younger and within 4 years of age.

A third applicable crime is "aggravated child molestation", which is any act of the aforementioned child molestation that causes injuries to the victim, or involves an act of "sodomy" (defined under state law as any act of oral sex or anal sex). This crime carries a sentence of 25 years to life, and lifetime probation thereafter. However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor. This exception was added after a landmark case, Wilson v. State of Georgia

Wilson v. State of Georgia

Wilson v. State, 652 S.E. 2d 501, 282 Ga. 520 was a Georgia court case brought about to appeal the aggravated child molestation conviction of Genarlow Wilson ....

occurred in 2006 and exposed the statute's lack of reasonable exceptions. At the time due to the phrasing of the law, a teenage boy was sentenced to 10 years in prison for having consensual oral sex with another teen.

The age of consent was raised from 14 to 16 in 1995, when Senator Steve Langford sponsored a bill to raise it, and the bill passed 52-0. In June 2005, a bill was proposed before the General Assembly of Georgia (USA) to raise the age of consent from 16 to 18. It did not succeed.

Hawaii

For age of consent in Hawaii and the territories in the Pacific Ocean, see: Ages of consent in Oceania#United States

Idaho

The age of consent in Idaho

Idaho

Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....

is 18.

If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act (including intercourse, anal sex and oral sex) is considered Rape. Rape carries a minimum sentence of 1 year in prison, and a maximum of life.

If the victim is under the age of 16, any lewd or lascivious act (including any form of genital contact) done by an actor "with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party" is Lewd Conduct With Minor Child Under Sixteen. This law does not discriminate by the gender of the victim nor actor, and notably provides no exceptions based on the parties being close-in-age.
If the victim is age 16 or 17 and the actor is at least 5 years older, any lewd or lascivious act (including any form of genital contact) or any other form of sexual contact done by an actor "with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party" is Sexual Battery Of A Minor Child Sixteen Or Seventeen Years Of Age. Like Lewd Conduct above, this law does not discriminate by gender.
If the victim is under the age of 16, and the actor is age 18 or older, any sexual contact not amounting to the aforementioned Lewd Conduct is classified as Sexual Abuse Of A Child Under The Age Of Sixteen Years.

Illinois
The age of consent in Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...

is 17. It is also illegal for a person to commit sexual acts on a person under the age of 18 if he/she has a position of authority or trust over the victim.

(720 ILCS 5/12-15)
Sec. 12-15. Criminal sexual abuse.
...(c) 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.

Sec. 12-16. Aggravated Criminal Sexual Abuse.
...(d) The accused commits aggravated 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 at least 5 years older than the victim.

Indiana

The age of consent in Indiana

Indiana

Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...

is 16.
IC 35-42-4-9 states "A person at least 18 years of age who,with a child at least 14 years of age but less than 16 years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony" the offense increases to a Class B Felony if the defendant was of or above the age of 21 at the time or used threats, drugs or violence for the seduction.
The law allows the actor a defense to prosecution if the victim is currently or was previously married^a, though this defense does not apply in the case of violence, threats or drugs. The law also allows a defense if the actor is within 4 year of age of the younger person and the two were in an ongoing dating/romantic relationship. It also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older.
However the age limit rises to 18 if the actor is in a position of trust or authority over the minor according to IC35-42-4-7 which states "If a person who is at least 18 years of age; and is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or child care worker for; or a military recruiter who is attempting to enlist; a child at least 16 years of age but less than 18 years of age;
engages with the child in sexual intercourse or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony."

If the victim is age 13 or younger, an actor of any age engaging in a sexual act with them is guilty of Child molesting (IC 35-42-4-3), a Class B felony. Similar to the above statute, if the actor is over 21, or if violence, threats or drugs were involved, the severity of the offense increases. This law allows a defense of mistake of age that the actor reasonably believed the victim was 16 or older. This defense is not permitted if the act involved violence, threats or drugs.
Indiana law contains additional crimes called Vicarious sexual gratification and sexual conduct in presence of a minor (IC 35-42-4-5) that prohibit persons over 18 from enticing or otherwise intentionally causing anyone 15 and younger to engage in sexual touching or activity with themselves or a third party.

^a:The absolute minimum marriageable age in Indiana is 15, which requires that the female is pregnant or gave birth, that the male is the biological father, and that any party that is under 18 has parental consent to marry.

Iowa
The age of consent in Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...

is 16, with a close in age exemption for those aged 14 and 15, who may engage in sexual acts with partners less than 4 years older.

Section 709.4 states: A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances... 2(c) The other person is fourteen or fifteen years of age and any of the following are true...(4) The person is four or more years older than the other person.

Section 709.15 forbids, amongst other things, sexual contact between a school employee and a "...person who is currently enrolled in or attending a public or nonpublic elementary or secondary school, or who was a student enrolled in or who attended a public or nonpublic elementary or secondary school within thirty days of any violation..." There exist similar laws for those who provide or purport to provide mental health services {§709.15}, officers in charge of offenders and juveniles {§709.16}.

Kansas

The age of consent in Kansas

Kansas

Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...

is 16. K.S.A. 21-3503, 21-3504, 21-3505 and 21-3522 prohibit sexual activity with minors aged 14 and 15. K.S.A. 21-3522 allows for a lesser penalty if the minor is between 14 or 15 and the offender is under 19 years old.

21-3504. Aggravated indecent liberties with a child.
(a) Aggravated indecent liberties with a child is: (1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.

Kentucky
The age of consent in Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

is 16. Kentucky Revised Statutes

Kentucky Revised Statutes

Kentucky Revised Statutes is the name given to the body of laws which govern the Commonwealth of Kentucky, United States. They are created pursuant to the Kentucky Constitution and must conform to the limitations set out in the Constitutions of Kentucky and the United States...

Section 510.020 deems a person unable to consent if he or she is less than 16 years old.

In addition to the basic law regarding consent, the KRS has additional consent laws covering a variety of other situations:

Under KRS 510.110(1)(d), it is "sexual abuse in the first degree" for "a person in a position of authority or position of special trust" (as defined in KRS 532.045, including but not limited to parents, stepparents, foster parents, teachers, coaches, corrections personnel, religious leaders, and employers) to:
- engage in sexual conduct with a person under 18, if the minor came into contact with the adult as a result of the adult's special position,
- masturbate in the presence of said person under 18, or
- masturbate while communicating by telephone, Internet, or other electronic means with any person known by the adult to be under 16 (regardless of whether the actor's position brought him or her into contact with the minor), and the minor can see or hear the adult masturbate.
Under KRS 510.110(1)(c), the actions stated above (without the qualification of "position of authority... or special trust") are also "sexual abuse in the first degree" when performed by anyone 21 or older if the other person is under 16.

Sexual abuse in the first degree is a Class D felony if the victim is 12 to 17 years old, and a Class C felony if the victim is under 12.

Under KRS 510.120, it is "sexual abuse in the second degree," a Class A misdemeanor, for:
- a person at least 18 but under 21 to subject a person under age 16 to sexual conduct (510.120(1)(b)) , or
- personnel of correctional, juvenile justice, and detention facilities to engage in sexual conduct with adults (at least 18) who are under the supervision of an included facility (510.120(1)(c)).

However, KRS 510.120(2) provides a defense to prosecutions under 510.120(1)(b) for sexual abuse in the second degree if the "victim" is at least 14 and the actor is less than 5 years older. Similarly, it is a defense to the Class B misdemeanor of "sexual abuse in the third degree" (KRS 510.130), defined as subjecting another person to non-consensual sex, if the lack of consent was due solely to incapacity by age, the "victim" is 14 or 15 years old, and the actor is under 18.

Louisiana
The age of consent in Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

is 17.

§80. Felony carnal knowledge of a juvenile
A. Felony carnal knowledge of a juvenile is committed when:
(1) A person who is nineteen years of age or older has sexual intercourse, with consent, with a person who is twelve years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender; or...

§80.1. Misdemeanor carnal knowledge of a juvenile
A. Misdemeanor carnal knowledge of a juvenile is committed when a person who is seventeen years of age or older but less than nineteen years of age has sexual intercourse, with consent, with a person who is fifteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender, and when the difference between the age of the victim and age of the offender is greater than two years.

Maine
The age of consent in Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...

is 16. Teenagers aged 14 and 15 may engage in sexual intercourse with partners who are less than 5 years older.

§254. Sexual abuse of minors
1. A person is guilty of sexual abuse of a minor if:
A. The person 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.

Maryland
The age of consent in Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

is 16. An exception is made when the actor is less than four years older than the victim.

If the victim is 14 or 15 and actor 21 or older, the actor is guilty of a sexual offense in the third degree if they engage in vaginal intercourse or other sex acts (including oral sex). If the actor is under 21 years old, but still more than 4 years older, the crime is lowered to sexual offense in the fourth degree.

If the victim is 13 or younger and the actor more than 4 years older, and they engage in a sex act (which includes oral, and other acts but not intercourse) they are guilty of a sexual offense in the second degree. If they engage in vaginal intercourse, the crime is elevated to rape in the second degree.

One notable exception is if someone in a "position of authority" engages in a sexual act with a minor (defined as under the age of 18 in state law), he or she may be guilty of sexual offense in the fourth degree as specified by Maryland Code
Annotated Code of Maryland
The Annotated Code of Maryland, published by The Michie Company, is the official codification of the statutory laws of Maryland. It is organized, by subject matter, in two sets of volumes...

, Criminal Law Article, § 3-308.

Another unusual exception is the crime of "Sexual solicitation of minor." (§ 3-324). In this law, it is illegal to solicit a person under 18 (or a law enforcement officer posing as such) via various communication methods to violate the aforementioned statutes on minimum age, or for purposes of prostitution

Prostitution of children

Prostitution of children or child prostitution is the commercial sexual exploitation of children in which a child performs the services of prostitution, for financial benefit. The term normally refers to prostitution by a minor, or person under the local age of majority...

. In the case of the later, the minor can be 16 or 17 (over the age of consent) but the actor would still be in violation of this statute.

Massachusetts

The age of consent in Massachusetts

Massachusetts

The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

is 16, as specified by Chapter 265, Section 23 of the General Laws of Massachusetts, which states:

"Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall... be punished..." MGL 265-23

However, Chapter 272, Section 4 sets another age of consent at 18 when the "victim" is "of chaste life" and the perpetrator induces them.

"Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished." MGL 272-4

Michigan

The age of consent in Michigan

Michigan

Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

is 16, unless one is an authority figure in which case the age of consent is 18.

750.520d Criminal sexual conduct in the third degree; felony.
Sec. 520d.
(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:
(a) That other person is at least 13 years of age and under 16 years of age...

Minnesota
The age of consent in Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...

is 16.

If the actor is in a position of authority, the age of consent is 18. If the victim is under the age of 13 the actor must be no more than 36 months older. If the victim is 13, 14 or 15 the actor must be no more than 48 months older. The specifics of these laws are covered under Sections 609.34x of the Minnesota Criminal Code. Specifically sections 609.341 Definitions, 609.342 Criminal Sexual Conduct in the First Degree, 609.343 Criminal Sexual Conduct in the Second Degree, 609.344 Criminal Sexual Conduct in the Third Degree, 609.345 Criminal Sexual Conduct in the Fourth Degree, 609.3451 Criminal Sexual Conduct in the Fifth Degree, and 609.349 Voluntary Relationships.

Mississippi

The age of consent in Mississippi

Mississippi

Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

is 16.

§ 97-3-65. Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances.

(1)The crime of statutory rape is committed when:

(a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:

(i) Is at least fourteen (14) but under sixteen (16) years of age;

(ii) Is thirty-six (36) or more months younger than the person; and

(iii) Is not the person's spouse

§ 97-3-95. Sexual battery.

(1) A person is guilty of sexual battery if he or she engages in sexual penetration with:...(c) A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty-six (36) or more months older than the child...

Missouri
The age of consent in Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

is 17.

Mistake as to the age of the victim may be a defense in some circumstances as defined in RSMo 566.020.

Statutory rape and sodomy, RSMo §§ 566.032 and 566.062 involve a victim less than 14 years of age. Statutory rape and sodomy in the second degree, RSMo §§ 566.034 and 566.064 involve a victim less than 17 years of age and an accused who is 21 years of age or older. The crime of Child molestation in the second degree, RSMo § 566.068 , occurs when a victim less than 17 years of age is subject to "sexual contact".

The distinction among those crimes has led some to the false conclusion that Missouri has a close in age exception. Missouri has no such exception beyond the degree of crime committed.

While the statutory titles are cast in terms of Rape and Sodomy, the statutes prohibit conduct that is described as "sexual intercourse" and "deviant sexual intercourse". Those terms are defined in RSMo § 566.010.

Statutory rape, second degree, penalty.
−
566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.

Statutory sodomy, second degree, penalty.
566.064. 1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who is less than seventeen years of age.

Child molestation, second degree, penalties.
566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.

Nebraska
The age of consent in Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....

is 17.

Section 28-319
Sexual assault; first degree; penalty.
(1) Any person who subjects another person to sexual penetration...(c) when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age is guilty of sexual assault in the first degree.

Debauching a minor; penalty.
(1) Any person not a minor commits the offense of debauching a minor if he or she shall debauch or deprave the morals of any boy or girl under the age of seventeen years by:

Nevada
The age of consent in Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...

is 16.

NRS 200.364 Definitions. As used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires:
... 3.“Statutory sexual seduction” means: (a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or (b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

New Hampshire
The age of consent in New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

is 16. But a close in age exception exists where a person may "engage in sexual penetration" with a person older than 13 but younger than 16 but only if their age difference is three years or less. However if the partner is acting "in loco parentis", e.g. as a teacher or a guardian, the minimum age is 18. NH Criminal code Section 632-A:3 and Section 632-A:2

New Jersey

The age of consent in New Jersey

New Jersey

New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

is 16, but minors aged 13, 14 and 15 may legally engage in sexual activities with persons up to 4 years older than them. For example, it is legal for a 14-year-old male or female to engage in sex with a person up to 18 years of age. This also applies for 13-year-olds (up to 17), etc.

New Mexico
The age of consent in New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...

is 17 with age-gap, marital, and school employee provisions.

New Mexico Code > Chapter 30 > Article 9 > Section 30-9-11: Criminal sexual penetration.

New York

The age of consent in New York

New York

New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

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 acts were labeled 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] & 130.35[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

Depending on how the statute is construed, "Predatory sexual assault against a child," a class A-II felony, may subsume all instances of "statutory" first degree rape/criminal sexual act where the victim is under 13 (NY Penal Law §§ 130.35[4], 130.35[4]) and the perpetrator over 18. (NY Penal Law § 130.96.)

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 period. 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

North Carolina

North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

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 3 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 three 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
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....

is 18.

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...d.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.

Ohio
The age of consent in Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

is 16 as specified by Section 2907.04 of the Ohio Revised Code

Ohio Revised Code

The Ohio Revised Code contains all acts passed by the Ohio General Assembly and signed by the governor. The Ohio Revised Code replaced the Ohio General Code in 1953. However the current organization and form of the Ohio Revised Code Title 29 was completely re-written and issued into law by the...

. However, there exists a close in age exception where an offender can be charged only if 18 years of age or older. However in that case, it is possible for both minors to be charged as "unruly" if brought to court {§ 2151.022 (A) }.

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. {§ 2907.04}.

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}

{§ 2907.03}

Oklahoma

The age of consent in Oklahoma

Oklahoma

Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

is 16.

§21-1111. Rape defined.
A. 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:
1. Where the victim is under sixteen (16) years of age...

There exists, however, a close in age exemption:

§21‑1112. Age limitation on conviction for rape.

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 fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act.

Oregon

The age of consent in Oregon

Oregon

Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

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 3 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 can still be charged with Sexual Misconduct (Class C Misdemeanor) under ORS 163.445, if the victim was under 15 years old.

Pennsylvania

The age of consent in Pennsylvania

Pennsylvania

The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

is 16 years of age for statutory sexual assault and 18 years for corruption of minors.

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.

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."

§ 6318. Unlawful contact with minor.

(a) Offense defined.--A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth:
(1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses).
(2) Open lewdness as defined in section 5901 (relating to open lewdness).
(3) Prostitution as defined in section 5902 (relating to prostitution and related offenses).
(4) Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances).
(5) Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children).
(6) Sexual exploitation of children as defined in section 6320 (relating to sexual exploitation of children).

Rhode Island

The age of consent in Rhode Island

Rhode Island

The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...

is 16.

§ 11-37-6 Third degree sexual assault. – A person is guilty of third degree sexual assault if he or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.

South Carolina
The age of consent in South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...

is 16 and there is no close in age exemption. It is a Class D felony for an adult to have sex with a child below the age of 16.

SECTION 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.

SECTION 16-3-655. Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders.
(B) A person is guilty of criminal sexual conduct with a minor in the second degree if:...(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 illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense.

SECTION 16-15-140. Committing or attempting lewd act upon child under sixteen.
It is unlawful for a person over the age of fourteen years to willfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.

South Dakota
The age of consent in South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...

is 16.

22-22-1. Rape defined—Degrees—Felony. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:...(5)If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.

22-22-7. 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. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

22-22-7.3. 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.

Tennessee

In a statutory rape

Statutory rape

The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...

case in Tennessee

Tennessee

Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...

, the age of consent is 18. The stance of the state of Tennessee

Tennessee

on the age of consent is "Statutory rape is sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least four (4) years older than the victim." {Full text of TN statutory rape laws } Tennessee law does not give clear directions for cases in which both parties are below age of consent.

Texas

The age of consent in Texas

Texas

Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

is 17 (Texas Penal Code Section 21.11). However , "...It is an affirmative defense to prosecution under this section that the actor...was not more than three years older than the victim and of the opposite sex...(and) did not use duress, force, or a threat against the victim at the time of the offence" and is not a registered sex offender Section 21.11 (b).

Section 21.12 further prohibits all sexual contact between an employee of a school (including educators) and a student enrolled at the primary or secondary school 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 consent age of 17, it is still a violation), and violations are a second degree felony.

Utah

The age of consent in Utah

Utah

Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...

is 18. However, it is legal for minors aged 16 and 17 to engage in sexual activity with partners less than 10 years older.

76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old.
(1) For purposes of this section "minor" means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in this section occurred.
(2) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor who is ten or more years older than the minor at the time of the sexual conduct:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant...

76-5-401.Unlawful sexual activity with a minor—Elements—Penalties—Evidence of age raised by defendant.
(1) For 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 the sexual activity described in this section occurred.
(2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or
(c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.
(3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less than four years older than the minor at the time the sexual activity occurred, in which case it is a class B misdemeanor.

Vermont
The age of consent in Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...

is 16.

Title 13 V.S.A. § 3252.

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

Virginia

The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

is 18, with a close in age exception that allows teenagers aged 15, 16 and 17 to engage in sexual acts but only with a partner younger than 18. However the legislation is not clear-cut, and the details are discussed below:

Any penetrative sexual act other than penile-vaginal intercourse is defined in Virginia law as 'sodomy.' Section 18.2-361 of the Code of Virginia entitled "Crimes against nature" states in part;

"If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of ... felony..."

In addition, any sexual intercourse is defined in Virginia law as 'fornication.' Section 18.2-344 of the Code of Virginia entitled "Crimes against nature" states;

"Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor."

The courts of Virginia have ruled that these statutes are not invalid under the US Supreme Court's decision in Lawrence v. Texas

Lawrence v. Texas

since that case only applied to adults, and the age of majority in Virginia is 18. This means that those 18 and above involved in consensual activity in private may have a defense in court, but those under 18 do not.

Section § 18.2-63 of the Code refers to minors younger than 15, while § 18.2-371 is about 15, 16 and 17 years 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.'

Washington

The age of consent in Washington is 16.

It is also illegal to engage in sexual acts with someone younger than 18 under three different sets of circumstances, enumerated in RCW 9A.44.096. Foster parents with their foster children; school teachers and school administration employees over their students; 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 16- or 17-year-old, the person is in a significant relationship as defined by RCW 9A.44.010, and such older person abuses the relationship to have sexual contact.

There are also three exceptions for people close in age.

RCW 9A.44.079 "A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Rape of a child in the third degree is a class C felony."
RCW 9A.44.076 "A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim. Rape of a child in the second degree is a class A felony."
RCW 9A.44.073 "A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least twenty-four months older than the victim. Rape of a child in the first degree is a class A felony."

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 16- and 17-year-olds about sexual activity. These reports have been alarming in nature, however they are completely anecdotal, and perhaps even urban legend. The Washington Court of Appeals

Washington Court of Appeals

The Washington Court of Appeals is the intermediate level appellate court for the state of Washington.The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane....

, Division 1 decided in the case of State v. Danforth, 56 Wn. App. 133, 782 P.2d 1091 (1989) that such communication has to be for the purposes of committing an illegal act under RCW Chapter 9.68A. Danforth's conviction was overturned by that ruling. However, the Washington Supreme Court in the case of State v. McNallie, 120 Wn.2d 925, 846 P.2d 1358 (1993) overturned the scope of the Danforth ruling (though not the result; Danforth would have still had his conviction overturned under the McNallie standard), applying the communication statute to encompass all sexual misconduct with a minor, not just those under RCW Chapter 9.68A, which deal mostly with illegal child pornography

Child pornography

Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...

and prostitution

Prostitution of children

. Due to these cases, it is clear that communications with 16- and 17-year-olds just for general sexual activity is legal, as long as such conduct discussed is not about illegal conduct or would be illegal in real life (such as the teacher/student circumstance, the foster parent/foster child circumstance, the significant relationship abuse circumstance, or asking for illegal pictures or attempting to bring such younger persons into prostitution).

West Virginia

The age of consent in West Virginia

West Virginia

West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...

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

Wisconsin

Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...

is 18 and there is no close in age exemption.

948.02 Sexual assault of a child First Degree Sexual Assault Whoever has sexual contact with a person who has not attained 12 years is guilty of a Class B felony... 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...

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.

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.

Wyoming

The age of consent in Wyoming

Wyoming

Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...

is 17.

6‑2‑304. Sexual assault in the third degree.
(a) An actor commits sexual assault in the third degree if, under circumstances not constituting sexual assault in the first or second degree: (i) The actor is at least four (4) years older than the victim and inflicts sexual intrusion on a victim under the age of sixteen (16) years...

The age of consent in Wyoming was thought by some to be 16, as stated above by Sction 6‑2‑304. 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 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:

6-2-315. 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.

United States Virgin Islands (United States)

Paraphrasing Virgin Islands Code: V.I.C. § 1700-1709 Virgin Islands Code
and appeals records Francis vs. VI
NOTE: "mistake of fact as to the victim's age is not a defense". The age of consent is 18. 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.

The code reads as follows:

§ 1700. Aggravated rape in the first degree

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse

- 1. Who is under the age of thirteen, or…
  2. who is under sixteen years of age residing in the same household as the perpetrator, and force, intimidation, or the perpetrator's position of authority over the victim is used to accomplish the sexual act; ...
§ 1700a. Aggravated rape in the second degree

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person who is under eighteen years but thirteen years or older and not the perpetrator's spouse, or by force, intimidation, or the perpetrator's position of authority over the victim is used to accomplish the sexual act, is guilty of aggravated rape in the second degree and shall be imprisoned for life or for any term in years, but not less than 10 years. “Position of authority” shall include, but not be exclusive to the following: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, baby sitter, or substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor. ...

§ 1702. Rape in the second degree

(a) Any person over 18 years of age who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is at least 16 years but less than 18 years of age, and the perpetrator is 5 years or older than the victim, is guilty of rape in the second degree and shall be imprisoned not more than 10 years.

§ 1703. Rape in the third degree

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

§ 1708. Unlawful sexual contact in the first degree

A person who engages in sexual contact with a person not the perpetrator's spouse—
(1) when force or coercion is used to accomplish the sexual contact;
(2) when the other person is under thirteen years of age;
(3) when the other person is under sixteen years of age residing in the same household as the perpetrator, and force, intimidation or the perpetrator's position of authority over the victim is used to accomplish the sexual contact;

§ 1709. Unlawful sexual contact in the second degree

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.

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