Given that the rationale for the age of consent has remained essentially unchanged in its emphasis on the need to protect 'immature' children, the table highlights the shifting and various definitions of childhood employed across time and cultures. Date compiled from the following sources: The Homosexuality of Men and Women. Translated by Michael Lombardi-Nash. Prometheus Books, ; Killias, Martin.
Sex with a minor. 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". Statutory rape, second degree, penalty. 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.
Children and Youth in History | Age of Consent Laws
Statutory sodomy, second degree, penalty. 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. 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.
The age of consent in Montana is The age of consent in Nebraska is In addition Nebraska has a law prohibiting "lewdly inducing" a person under 17 to "carnally know" any other person.
Sexual assault; first degree; penalty. The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence. Sexual assault of a child; first degree; penalty. As used in NRS The age of consent in New Hampshire is 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. NH Criminal code Section A: There is an exception.
If the victim is less than 18 and the partner is a parent, guardian, sibling or any other person closer than a fourth cousin or has any type of authority over the victim for example, a teacher then the assailant may be charged with a crime. For instance, it's criminal for a manager of any age to have sex with a year-old subordinate, even if the sex is consensual. State law specifies by not saying anything that minors between 13 and 15 years old may, in general, engage in a consensual sexual relationship with someone up to four years older. Therefore, for example, it is legal for a year-old male or female to engage in consensual sex with a person up to 18 years of age.
Specifically, NJ state law details three circumstances of sexual assault under which the age of consent is pertinent. For aggravated sexual assault a crime of the first degree , a person must have committed sexual penetration that is, intercouse, oral or anal sex or something inserted while either 1 the victim was under 13 or 2 the assailant exercised some legal or occupational authority over the victim who was between 13 and All other conditions for aggravated sexual assault do not impact the NJ age of consent.
Simple sexual assault a crime of the second degree is defined in two ways, according to N. First, a person must have committed sexual contact that is, intentional touching of intimate parts for sexual gratification while the victim was under 13 and the assailant was over four years older. Or, second, a person must have committed sexual penetration defined above under aggravated sexual assault while not using force and either 1 the victim was 16 or 17 and one of the following conditions was true:.
All other conditions for simple sexual assault do not impact the NJ age of consent. In a period before the age of consent was raised to In May the New Jersey Legislature passed a bill sponsored by Christopher Jackman , the assembly speaker, changed the age of consent to This bill was scheduled to go into effect on September 1, Byrne had refused to sign the bill into law. The age of consent in New Mexico is 17 with age-gap, marital, and school employee provisions. Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony.
The age of consent in New York is The latter three acts were known by statute as "deviant sexual intercourse" prior to 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. If the person is underage such "sexual contact" can constitute the crime of "sexual abuse". It is not a defense that the perpetrator believed the victim was older than is later proven. That age is 16 years old. Someone under that age may be adjudicated a juvenile delinquent, but may not commit these crimes. On the other hand , someone who is 16 years old commits a crime by voluntarily having sex with anyone who cannot themselves legally consent to sex, including another year-old, even if this "victim" is actually older.
Bowman , 88 Misc. In effect, mutual crimes are committed when two unmarried year-old individuals voluntarily have sex with each other in New York State, each being the "victim" of the other. Thus, any person who commits one of these lesser offenses would necessarily commit the greater offense of "Predatory sexual assault against a child. There are other special offenses, namely "Course of sexual conduct against a child in the first degree" and "Course of sexual conduct against a child in the second degree" that punish sex with an underage person combined with an additional illegal sexual act during wide time periods.
These do not subject a person to more punishment than the crimes listed above but provide only a gimmick for prosecutors to avoid the requirement that an individual sex act be specified in a rape indictment. Actual "violence" is irrelevant. New York Penal Law Article The age of consent in North Carolina is However, certain exceptions to this general rule exist.
This prohibition covers adults and students who were at the school at the same time, and continues in force as long as the younger person is a student at any K school, regardless of age. Statutory rape or sexual offense of person who is 13, 14, or 15 years old. North Carolina General Statutes Chapter A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if The age of consent in Ohio is 16 as specified by Section However, there exists a close-in-age exception where a minor 13 or older can consent to sex as long as their partner is less than 18 years old.
It is illegal for a person of any age to have sex with a child beneath 13 years of age who they are not married to. However, the preceding statute, Section Ohio law also contains a rule against importuning, which means a perpetrator of any age sexually soliciting a minor over the internet if the minor is under the age of 13, or in the case of a perpetrator 18 years of age or older, sexually soliciting any minor who is under the age of These two crimes are not considered to be sexual offenses.
The age of consent in Oklahoma is An employee of a school system who has sexual conduct with a student of that school system aged between 16 and 18 may face criminal charges in Oklahoma. The age of consent in Oregon is Sexual offenses are defined under the Oregon Revised Statutes Chapter With regards to age only, the following offenses are defined.
Consent for all laws. Additionally, Oregon has a three-year rule defined under ORS However, this does not apply to Rape 1, or Sodomy 1, effectively limiting the age to The age of consent in Pennsylvania is 16 years of age for sexual consent. Teenagers aged 13, 14 and 15 may or may not be able to legally engage in sexual activity with partners who are less than 4 years older.
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Such partners could not be prosecuted under statutory rape laws, but may be liable for other offenses, even when the sexual activity is consensual. In December the Pennsylvania Legislature passed an amendment stating that an employee of a school who engages in sexual relations with any student or athletic player under the age of 18 may receive a third-degree felony charge.
In Governor of Pennsylvania Tom Corbett signed into law an amendment making this law apply to athletic coaches who work outside of an educational setting. Historically Pennsylvania prosecutors were only allowed to issue misdemeanor charges such as corruption of minors against teachers and coaches who had sex with 16 and year-old students. Under Pennsylvania law, a defendant is strictly liable for the offense of rape, a felony of the first degree, when the complainant is 12 or younger.
Pennsylvania has enacted several other strict liability sexual offenses when the complainant is under 16, but 13 years old or older. Except as provided in section relating to rape , a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other. When the alleged victim is 16 or older and less than 18 years of age, and the alleged offender is over the age of 18, the Commonwealth may charge the offense of corruption of minors or unlawful contact with a minor, even if the activity was consensual:.
The crime of corruption of minors is usually a crime that accompanies another "more serious" crime such as statutory rape or involuntary deviate sexual intercourse or accompanies some drug or alcohol use, possession or sale. Tending to corrupt like contributing to delinquency is a broad term involving conduct toward a child in an unlimited variety of ways which tends to produce or to encourage or to continue conduct of the child which would amount to delinquent conduct.
The question of whether consensual intercourse with a minor 16 years or older tends to corrupt the morals of that minor is a jury question to be decided by the "common sense of the community". There is also a corruption of minors statute against adults corrupting the morals of minors under 18 years of age. In JoAnne Epps, a former prosecutor and Temple University Beasley School of Law dean of academic affairs, stated that the corruption of minors charge is considered to be a separate crime from that of statutory rape; she stated that the consideration of whether a minor is consenting to sexual activity is a separate issue from whether someone is corrupting the minor's morals.
The age of consent in Rhode Island is Sexual intercourse with a minor aged 14—15 by an actor 18 or older is third degree sexual assault, sexual intercourse with a minor under the age of 14 by an actor of any age is child molestation. However, there is a close-in-age exception that allows people aged 16—17 to have sex with a minor aged 14 or 15, but not younger.
The age of consent in South Carolina is However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age. C A person is guilty of criminal sexual conduct with a minor in the third degree if the actor is over fourteen years of age and the actor wilfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child.
However, a person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age. The age of consent in South Dakota is 16 and there is no close-in-age exemption, although if the perpetrator is within three years of age of the victim or is under 18 the penalties are reduced. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: Sexual contact with child under sixteen—Felony or misdemeanor.
Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor.
If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Sexual contact with child under sixteen years of age—Violation as misdemeanor. Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor. The age of consent in Tennessee is A close-in-age exemption allows minors aged 13—17 to engage in sexual acts with partners less than 4 years older.
Penalties differ depending on the age of the minor, as well as the age difference between the minor and the offender. There are two laws concerning age of consent in Texas: The Texas Department of Public Safety , the state law enforcement agency, considers the age of consent as Texas age of consent is 17 years in regards to sexual activity alone. If the victim is under the age of 17 subject to a three-year close-in-age exception , then underage sexual conduct can also be prosecuted without requiring proof of inducement under section The age of consent in Texas involving visual representation such as a part in a play or movie or employment involving sex is 18 under section This crime requires proof of inducement.
Indiana Age of Consent Lawyers
Online Solicitation of a Minor is a criminal offense in the state of Texas that makes it illegal for someone 17 years and older to intentionally or knowingly communicate certain sexual content or try to induce or solicit a minor under 17 years of age, or any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section Some confusion arises regarding the applicability of section State , CR, S.
No age is specified by the statute thus, even if the student has reached the age of consent, it is still a violation , and violations are a second degree felony. People convicted under The law exists to prevent scenarios where a teacher or employee coerces a student into a sexual relationship in exchange for higher grades or other favors. In Helen Giddings , a Democratic member of the Texas House of Representatives , first authored the anti student-teacher sex bill but only intended for it to take effect if the student is 17 or younger. Warren Chisum of Pampa removed the maximum age from the bill.
Shortly after the law passed, a teacher engaged in sexual intercourse with her year-old student, and a Texas court refused to indict her. Afterwards criminal prosecutions of teachers in relationships with students going to other schools in the same school district, including teachers of other educational levels, began occurring. In response to this law, Houston lawyer Dick DeGuerin stated "Unless there's real strong evidence of a teacher trading sex for grades or using improper influence, then it's a statute that is really open to abuse.
The age of consent in Utah is However, it is legal for minors aged 16 and 17 to engage in sexual activity with partners less than 7 years older, and between 7 and 10 years older if the partner reasonably didn't know the minor's age. Unlawful sexual activity with a minor—Elements—Penalties—Evidence of age raised by defendant. However it rises to 18 if the person is related to the minor or in a position of authority over him. The age of consent in Virginia is 18,   with a close-in-age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than The state code defines felony statutory rape as crimes against those under 15, while adults who have sex minors over 15 can be prosecuted for a misdemeanor offense,  "contributing to the delinquency of a minor.
If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of For the purposes of this section, i a child under the age of thirteen years shall not be considered a consenting child and ii "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse, and animate and inanimate object sexual penetration. Consensual sex where one partner is 15, 16 or 17 and the other is over 18 is a class 1 misdemeanor.
Causing or encouraging acts rendering children delinquent, abused, etc. As of the state was attempting to prosecute a year-old man who had oral sex with a year-old girl with a "crimes against nature" law, an anti-sodomy which forbids people from engaging in anal and oral sex and makes these acts a felony offense. The 47 year-old had been convicted under a misdemeanor offense and his lawyers did not challenge that conviction. In March the U. Court of Appeals overturned the sodomy conviction, saying it was unconstitutional according to the Lawrence v.
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Supreme Court to do a rehearing, arguing that the state's sodomy laws may still constitutionally apply to 16 and 17 year olds. Dalia Lithwick of Slate stated that this scenario would cause problems for homosexual teenagers. The age of consent in Washington is It is also illegal to engage in sexual acts with someone younger than 18 under three different sets of circumstances, enumerated in RCW 9A. Foster parents with their foster children; school teachers and school administration employees over their students including, as interpreted by the Washington State Supreme Court , students up to age 21  ; The third set of circumstances require all of the following situations occur in tandem: The older person is 60 months or more older than the or year-old, the person is in a significant relationship as defined by RCW 9A.
Several have reported that the immoral communication with a minor statute exists and places the age of consent at 18 due to the inability to "communicate" to and year-olds about sexual activity. These reports are incorrect. Danforth , 56 Wn. Danforth's conviction was overturned by that ruling. However, the Washington Supreme Court in the case of State v. McNallie , Wn. A state statute makes it illegal for a teacher and a "minor" student defined as "at least sixteen years old".
The Washington State Supreme Court ruled that this policy affects all high school students up to 21 years of age, which under state law is the age cap for enrollment in high school. The age of consent in West Virginia is The age of consent in Wisconsin is 18 and there is no close-in-age exception. There is, however, a marital exception which allows a person to have sex with a minor 16 or older if they are married to the minor.
If the minor is below 16 both sexual intercourse and any sexual contact are a felony; sexual intercourse with a minor by a perpetrator who is not married to the minor is a Class A misdemeanor.
New Law Decriminalizes Some Teen Sex in Indiana
However, Wisconsin has a child enticement law that prohibits people of any age from taking people under 18 to a private area such as a room and exposing a sex organ to them or having the minor expose their sex organ to them. This is a Class B or C felony. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.
What Is the Age of Consent in Indiana?
If the minor is below 16 marriage to the minor by the accused is not a defense. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant. Sexual intercourse with a child younger than 13 carries the highest penalties, it is a Class B felony. Wisconsin law contains an unusual provision making it a Class F felony for a person responsible for a child under the age of 16 years such as a parent to not prevent their child from having sexual contact with another person if it was realistically possible for them to do so and they were aware that the other person intended to have sex with their child.
A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
Sexual assault in the third degree. However, in the cases of Pierson v. State and Moore v. State , the Wyoming Supreme Court held that sexual activity with minors aged 16 or 17 could be charged under Section of Wyoming Statutes. That statute was repealed in and re-codified as Section , which provides, in pertinent part as follows:. Sexual abuse of a minor in the third degree.
It is an offense in American Samoa to engage in sexual acts with a person under the age of Third Degree Criminal Sexual Conduct. Under the same provisions, it is also illegal for any person aged 16 or older to aid, encourage, induce or causes minors under 13 to engage in any sexual activity with anyone else, or minors aged 13—15 to engage in sexual activity with people older than them by three years or more. The age of consent rises to 18 when the older partner — being age 18 or older — is the parent, stepparent, adopted parent, or legal guardian of the younger person, or when the older partner has or occupies a position of authority over the younger person.
This does not apply for minors aged 16 or 17 as long as the older partner is less than three years older and is not the younger person's parent, stepparent, adopted parent or legal guardian. According to section , a position of authority "means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control" over a person under According to Section , affirmative defenses for the crimes outlined in Sections — exists for consensual activity between legal spouses and for cases where the defendant reasonably believed that a minor age 13 or older was of legal age.
Sections and of the Commonwealth Code also criminalize sexual activity with people aged 18 or 19, if they are "committed to the custody of the Department of Public Health and Environmental Services under the Commonwealth's civil or criminal laws, and the offender is the legal guardian of the person". The age of consent in Puerto Rico is Paraphrasing Virgin Islands Code: The age of consent is There is however a close-in-age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over.
Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under Sexual acts with minors are aggravated by the use of force, intimidation, or the perpetrator's position of authority, and by the fact that the minor, being under 16 and not the perpetrator's spouse, is residing in the same household as the perpetrator. Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court.
A person who engages in sexual contact with a person not the perpetrator's spouse—.. A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year. As such, all US Federal laws regarding age of consent would be applicable. From Wikipedia, the free encyclopedia. The distinction is that a rape involves vaginal intercourse. United States portal Sexuality portal Law portal.
Retrieved 4 October Retrieved on September 11, The New York Times. Retrieved on September 13, Limon — Luckert — Kansas Supreme Court". Retrieved 16 February Dhingra , which discusses the fact of incorporation of state criminal law into violation of b , specifically California statute, where Dhingra resided and committed the acts. A Guide to America's Sex Laws. The University of Chicago Press. The case cited is Michael M. Superior Court , U. Retrieved 10 August Child Exploitation and Obscenity Section".
Retrieved 4 July Experts say the issues are not clear-cut. Retrieved on August 4, Sex with a minor younger than 16 is considered statutory rape. Retrieved on September 18, Summary of Current State Laws. Department of Health and Human Services , December 15, Retrieved on May 15, Only 12 states have a single age of consent, below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent.
For example, in Massachusetts, the age of consent is In the remaining 39 states, other factors come into play: Each is described below. Retrieved on February 19, Associated Press at Huffington Post. Lawmakers kill bill to make student-teacher trysts a felony — sacbee. Archived from the original on Monday July 16, Retrieved on September 19, Retrieved on November 4, Associated Press at Tampa Bay Online.
Saturday June 13, Retrieved 18 July Archived from the original on August 4, Archived from the original on July 22, Friday, August 25, State of Hawaii Department of the Attorney General. Archived from the original on 30 July Retrieved 28 July Archived from the original on 26 July Archived from the original on 31 July Don't prosecute teens for consensual sex". Keep juvenile sex offenders off registries".
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Archived from the original on September 18, Retrieved 9 June Retrieved September 10, Retrieved 11 August Retrieved on August 8,