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AgeGapProvisions US

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U.S.

State Age of Age Gap Age Span Mistake of Statute


Consent Provision Age Defense
Alabama 16 Yes 2 No Rape in the first degree: Class A
Felony
If he or she is 16 or older and
engages in sexual intercourse with a
member of the opposite sex who is
less than 12 years old.
Rape in the second degree: Class B
Felony
If he are she is 16 years or older
and engages in sexual intercourse
with a member of the opposite sex
who is less than 16 but older than
12 years old if the actor is at least
two years older than the member of
the opposite sex.
Sodomy in the first degree: Class A
Felony
He, being 16 years or older,
engages in deviant sexual
intercourse with a person who is
less than 12 years old.
Sodomy in the second degree: Class
B Felony
He, being 16 years or older,
engages in deviant sexual
intercourse with a person who is
less than 16 years of age but more
than 12.
Alaska 16 Yes 3 Yes Sexual Abuse of a Minor in the first
degree: Unclassified Felony
Being 16 years or older, the
offender engages in sexual
penetration with a person under the
age of 13.
Being 18 years of age or older, the
offender engages in sexual
penetration with a person under the
age of 16 (the offender can not be
of authority such as a parent,
stepparent, legal guardian, teacher,
health care professional, etc. or be
living in the same household as the
victim.
Sexual Abuse of a Minor in the
second degree: Class B Felony
Being 16 years or older the offender
engages in sexual penetration with
a person who is 13, 14, or 15 years
of age AND is at least three years
younger than the offender.
Being 18 years or older, the
offender engages in sexual contact
with a person under the age of 16.
Arizona 18 No 0 Yes Sexual Conduct with a Minor:
A person commits sexual conduct
with a minor by intentionally or
knowingly engaging in sexual
intercourse or oral sexual contact
with any person under the age of
18.
Adolescent Sexual Behavior and
the Law 19
Sexual conduct with a minor who is
under the age of 15 is a class 2
felony.
Sexual conduct with a minor who is
at least 15 years of age is a class 6
felony (unless the offender is a
parent, stepparent, adoptive parent,
legal guardian or foster parent. In
this case it is a class 2 felony).
It can be used in the defense of the
offender if the victim was at least
15 years of age, that the offender
did not know or could reasonably
know the victims age.
Arkansas 16 No Romeo and Juliet - Yes Sexual Assault in the first degree:
2 Class A Felony?
A person commits sexual assault in
the first degree if the person
engages in sexual contact with a
person under the age of 16 and the
actor was not more than three years
older than the victim (the actor can
not be a person of authority of a
relative).
Sexual Assault in the second
degree: Class B Felony?
A person commits sexual assault in
the second degree if the person
engages in sexual contact with a
person, if the actor is under 18 and
the victim is not younger than 14.
California 18 No Romeo and Juliet - No Unlawful Sexual Intercourse:
2 Any person who engages in sexual
intercourse with a minor under the
age of 18 who is not three years
younger or three years older than
the perpetrator. Reduced charge to a
misdemeanor.
An adult who engages in unlawful
sexual intercourse with a minor
who is less than 2 years younger
than the adult will be charged with
a civil penalty, not to exceed
$2000.00.

Colorado 17 Yes 4 No Sexual Assault: Class 4 Felony


Sexual Assault is committed if at
the time of the act the victim was
less than 15 years of age and the
actor was at least four years older
than the victim (and the victim was
not the actor’s spouse).
Connecticut 16 Yes 2 No Sexual Assault in the first degree:
Class B or A Felony
If a person engages in sexual
intercourse with another person and
such other person is under 13 years
of age and the actor is more than 2
years older than such person.
Sexual Assault in the second
degree: Class C or B Felony
If a person engages in sexual
intercourse with another person and
such person is 13 years of age or
older, but under 16 years of age and
the actor is more than 2 years older
than such person.

D.C. 16 Yes No
Delaware 18 Yes 4 No 762(d) Sexual Offense Provision
As to sexual offenses in which the
victim’s age is an element of the
offense because the victim has not
yet reached his or her 16 birthday
(but older than 12 years of age), and
the person committing the act is no
more than 4 years older than the
victim, sexual conduct pursuant to
this section will not be a crime.
Florida 18 Yes No Unlawful Sexual Activity with
Certain Minors:
A person 24 years of age of older
who engages in sexual activity with
a person 16 or 17 years of age
commits a felony in the second
degree.
In Section 943.04354 it states that a
person can be removed from the sex
offender registry if they were not
more than 4 years older than the
victim at the time of the offense and
the victim was at least 14 years of
age or older.
Georgia 16 Yes No Statutory Rape:
If the victim is at least 14 but less
than 16 years of age and the
offender is 18 years of age or
younger and is no more than 3
years older than the victim, the
crime will be reduced to a
misdemeanor.
Sodomy:
If the victim is at least 13 but less
than 16 years of age and the
offender is 18 years of age or
younger and is no more than 4
years older than the victim, the
crime will be reduced to a
misdemeanor.
Child Molestation:
If the victim is at least 14 but less
than 16 years of age and the
offender is 18 years of age or
younger and is no more than 4
years older than the victim, the
crime will be reduced to a
misdemeanor.
Hawaii 16 Yes No Sexual Assault in the First Degree:
Class A Felony
The actor knowingly engages in
sexual activity with a person who is
at least 14 years old but less than 16
years old provided that the actor is
not less than 5 years older than the
minor.The person knowingly
engages in sexual activity with a
person who is at least 14 years old
but less than 16 years old or causes
the minor to have sexual contact
with the person; provided that the
person is not less than 5 years older
than the minor.
Idaho 18 Yes No Sexual Abuse of a Child Under the
age of 16:
It is a felony for any person 18
years of age or older to solicit a
minor child under the age of 16 to
participate in a sexual act or cause
of have sexual contact with such
minor child (not amounting to lewd
conduct as defined below). Penalty:
the actor shall be imprisoned for an
amount of time not exceeding 15
years.
Lewd Conduct with a Minor Child
Under the Age of 16:
Any person who shall commit any
lewd or lascivious act or acts upon
or with the body or any part or
member thereof of a minor child
under the age of 16 years, including
but not limited to genital to genital
contact, oral to genital contact, anal
to genital contact, oral to anal
contact, manual to anal contact or
manual to genital contact, whether
between persons of the same or
opposite sex or who shall involve
such a child in the act of bestiality
or sado-masochism shall be guilty
of a felony and imprisoned in the
state prison for a term no more than
life.
Illinois 17 No No Predatory Criminal Sexual Assault
of a Child: Class X Felony
Committed if the accused was 17
years of age or older and commits
an act of sexual penetration with a
victim who is under 13 years of age
when the act was committed.
Criminal Sexual Abuse: Class A
misdemeanor
The accused commits criminal
sexual abuse if he or she commits
an act of sexual penetration or
sexual conduct with a victim who
was at least 13 years of age but
under 17 years of age and the
accused was less than 5 years older
than the victim.
Indiana 16 No Yes Sexual Misconduct with a Child:
A person at least 18 years of age
who, with a child at least 14 years
of age but less than 16, performs or
submits to sexual intercourse or
deviant sexual conduct commits
sexual misconduct with a childe, a
Class C Felony. (It is a Class B
Felony if the person is 21 years of
age or older).
It is to the defense of the
prosecution if all of the following
apply:
-The person was not more than 4
years older than the victim
-The relationship between the
person and the victim was a dating
relationship or an ongoing personal
relationship (not family
relationship) -The person was not
older than 20 years old
-The person did not threaten the
victim or use deadly force
-The person did not commit the
crime while armed with a deadly
weapon
-The crime did not result in serious
bodily injury
-The person did not furnish, without
the victim’s knowledge, the victim
a drug or controlled substance, or
know the victim had been furnished
a drug or controlled substance
without the victim’s knowledge.
-The person did not have authority
or substantial influence over the
victim.
-The person had not committed any
other sexual offense against any
other person.
Iowa 16 Yes 4 No Sexual Abuse in the Third Degree:
Class C Felony
Sexual Abuse in the third degree is
committed in the victim is 14 or 15
years of age and the offender is four
or more years older than the victim.

Kansas 16 No No Unlawful Voluntary Sexual


Relations: Person Felony level 8-10
Engaging in voluntary (1) sexual
intercourse, (2)sodomy, (3) lewd
foundling or touching, with a child
who is 14 years of age but less than
16 years of age and the offender is
less than 19 years of age and less
than 4 years older than the child.
The child and the offender must be
the only parties involved and
members of the opposite sex.
-(1) level 8 person felony
-(2) level 9 person felony
-(3) level 10 person felony
Kentucky 16 Yes 5 Yes Sexual Abuse in the Second
Degree: Class A misdemeanor
If the actor is at least 18 years old
but less than 21 years old and
subjects the victim who is less than
16 years old to sexual contact.
However, it is in the defense if the
victim was at least 14 years old and
the actor was less than 5 years older
than the victim.
Sexual Abuse in the Third Degree:
Class B misdemeanor
A person is guilty of Sexual Abuse
in the third degree if he/she subjects
another person to sexual contact
without the others consent.
However it is to the defense if, the
lack of consent is due solely to the
victim being unable to consent
because he/she is under the age of
16 years old and they are at least 14
years old and the actor was less
than 18 years old.
Louisiana 17 Yes 2 No Felony Carnal Knowledge of a
Juvenile:
Committed when a person who is
19 years of age or older has sexual
intercourse, with consent, with a
person who is 12 years of age or
older but less than 17 years of age
(when the victim is not the spouse).
(2)When a person who is 17 years
of age or older has sexual
intercourse, with consent, with a
person who is 12 years of age or
older but less than 15 years of
age(when the victim is not the
spouse).
Misdemeanor Carnal Knowledge of
a Juvenile:
Committed with a person who is 17
years or older but less than 19 years
of age has sexual intercourse, with
consent, with a person who is 15
years of age or older but less than
17 years of age. When the victim is
not the spouse and the difference
between ages is not more than 2
years.
The offender of this crime will not
be subjected to any of the
provisions of law which are
applicable to sex offenders,
including but not limited to the
registration of the offender on sex
offender sites.
Maine 16 Yes 5 Yes Sexual Assault:
(1)When the actor engages in a
sexual act with another person (not
the actor’s spouse), who is either 14
or 15 years of age and the actor is at
least 5 years older than the other
person. Class D crime.
(2)When the actor is at least 21
years of age and engages in a
sexual act with another person, who
is not the actor’s spouse, who is
either 16 or 17 years of age and is a
student enrolled in a public or
private school. Class E crime.
Unlawful Sexual Contact:
(1)When the actor has sexual
contact with another person, not the
actor’s spouse, when the other
person is in fact less than 14 years
old and the actor is at least 3 years
older than the other person. Class C
crime. If the sexual contact includes
penetration it is a class B crime.
(2)When the actor has sexual
contact with another person, not the
actor’s spouse, when the other
person is in fact less than 12 years
old and the actor is at least 3 years
older than the other person. This is
a Class B crime. If it includes
penetration it is a class A crime.
Maryland 16 Yes 4 No Rape in the Second Degree:
Committed if the victim is under
the age of 14 and the actor is at
least 4 years older than the victim.
Massachusetts 16 No No “Section 23. Whoever unlawfully
has sexual intercourse or unnatural
sexual intercourse, and abuses a
child under 16 years of age, shall be
punished by imprisonment in the
state prison for life or for any term
of years or, except as otherwise
provided, for any term in a jail or
house of correction. A prosecution
commenced under this section shall
neither be continued without a
finding nor placed on file.”
Michigan 16 No No Criminal Sexual Conduct in the
Third Degree: Felony
Committed when the victim is at
least 13 years of age but under the
age of 16.
Criminal Sexual Conduct in the
Forth Degree: Misdemeanor
Committed when the victim is at
least 13 years of age but under 16
years of age and the actor is 5 or
more years older than the
victim.(Under the discretion of the
prosecutor to file for either crime?)
Minnesota 16 Yes 2 No Criminal Sexual Conduct in the
First Degree:
Committed when the victim is
under the age of 13 and the actor is
more than 3 years older than the
victim.
Or when the victim is older than 13
years but less than 16 and the actor
is more than 4 years older than the
victim and in a position of
authority.
Criminal Sexual Conduct in the
Second Degree:
Committed when the victim is
under the age of 13 and the actor is
more than 3 years older than the
victim.
Or when the victim is older than 13
but less than 16 and the actor is
more than 4 years older than the
victim and in a position of
authority.
Criminal Sexual Conduct in the
Third Degree:
Committed when the actor is under
the age of 13 and the actor is no
more than 3 years older than the
victim.
Or when the victim is over the age
of 13 but under the age of 16 and
the actor is more than 2 years older
than the victim.
Criminal Sexual Conduct in the
Forth Degree:
Committed when the victim is
under 13 and the actor is no more
than 3 years older than the victim.
Or when, the victim is more than 13
but less than 16 and the actor is
more than 4 years older than the
victim and in a position of
authority.
Mississippi 16 Yes 2 or 3 No Statutory Rape:
Committed when a person who is
17 years or older has sexual
intercourse with a child who is at
least 14 years old but under 16
years old and is 3 years or more
older than the victim who is not
their spouse.
Or when a person 17 years of age or
older has sexual intercourse with a
child who is under the age of 14
and is 2 years or more older than
the child (who is not their spouse).
Sexual Battery:
Committed when a person engages
in sexual penetration with a child at
least 14 years old but less than 16
and the actor is 3 or more years
older than the child.
Or when, a person engages in
sexual penetration with a child who
is less than 14 years old and the
actor is 2 or more years older than
the child.
Missouri 17 No Romeo and Juliet - Yes Statutory Rape in the First Degree:
3 Committed when any person
engages in sexual intercourse with
another person who is under 14
years of age.
Statutory Rape in the Second
Degree: Class C Felony
Committed when a person who is
21 years of age or older has sexual
intercourse with a person who is
less than 17 years of age.
Child Molestation in the Second
Degree: Class A Misdemeanor
Committed when the offender
subjects another person, who is less
than 17 years of age, to sexual
contact.
Montana 16 Yes 3 Yes Sexual Assault:
A person who knowingly subjects
another person to any sexual
contact without consent commits
the offense of sexual assault if the
victim is less than 16 years old and
the offender is 3 or more years
older than the victim.
Sexual Intercourse without
Consent:
A person who knowingly has
sexual intercourse without consent
with another person if the victim is
less than 16 years old and the
offender is 3 or more years older
than the victim.

Nebraska 17 No Romeo and Juliet - No Sexual Assault of a Child in the


3 second or third Degree: Class II or
Class IIIA Felony
A person commits sexual assault of
a child in the second or third degree
if he or she subjects another person
fourteen years of age or younger to
sexual contact and the actor is 19
years of age or older.
Nevada 16 No Romeo and Juliet - No Sexual Assault:
5 (3)A person who commits a sexual
assault against a child under the age
of 16 years is guilty of a category A
felony.
New 16 Yes No Felonious Sexual Assault:
Hampshire A person is guilty of a class B
felony if the offender engages in
sexual penetration with another
person, other than a legal spouse,
who is 13 years of age or older and
under 16 years of age where the age
difference between the offender and
the victim is three years or more.
Sexual Assault:
A person is guilty of a Class A
misdemeanor when (a) the actor
subjects another person who is 13
years of age of older to sexual
contact under any of the
circumstances named in RSA 632-
A:2 (b) when the actor subjects
another person, who is not a spouse,
who is 13 years of age or older and
under 16 years of age to sexual
contact, where the age difference
between the actor and the other
person is 5 years or more (c) in the
absence of any of the circumstances
set forth in RSA 632-A:2, when the
actor engages in sexual penetration
with a person, other than the actor’s
spouse, who is 13 years of age or
older, but under 16 where the age
difference between the actor and
the other person is 3 years or less. If
a person is convicted under (c) that
person will not be required to
register as a sex offender.
New Jersey 16 Yes 4 No Aggravated Sexual Assault in the
First Degree:
Committed when the victim is at
least 13 years old but less than 16
and the actor is at least 4 years
older than the victim.

New Mexico 17 Yes 4 No Criminal Sexual Penetration in the


Forth Degree:
Committed when a person has
sexual penetration with a child who
is thirteen to sixteen years of age
and the offender is at least 18 years
of age and is at least 4 years older
than the child (who can not be the
offenders spouse).
New York 17 No Romeo and Juliet - Yes Sexual misconduct: Class A
4 Misdemeanor
Committed when he or she engages
in sexual intercourse with another
person without that person’s
consent (someone under the age of
17).
Rape in the Second Degree: Class
D felony
Committed when the actor is 18
years old or more and engages in
sexual intercourse with another
person who is less than 15 years
old. It shall be an affirmative
defense to this crime if the
defendant was 4 years older than
the victim at the time of the act.
Rape in the First Degree: Class B
Felony
Committed when a person engages
in sexual intercourse with any
person 1) under the age of 11; 2)
who is less than 13 years old and
the offender is 18 years old or
more.
North 16 Yes 4 or 6 No Statutory Rape: Class B1 Felony
Carolina Guilty if the defendant engages in
sexual intercourse or a sexual act
with another person who is 13, 14,
or 15 years old and the defendant is
at least 6 years older than the
victim, who is not their spouse.
Statutory Rape: Class C Felony
Guilty if the defendant engages in
sexual intercourse of a sexual act
with another person who is 13, 14
or 15 years of age and the
defendant is at least 4 but less than
6 years older then the victim, who
is not their spouse.
North Dakota 18 No 4 No General Provision: 12.1-20-01
When criminality depends on the
victim being a minor, the actor is
guilty of the offense, only if the
actor is at least 4 years older than
the victim.
Corruption or Solicitation of
Minors:
An adult who engages in, solicits
with the intent to engage in, or
causes another to engage in a sexual
act with a minor, is guilty of a class
A misdemeanor, if the victim is a
minor 15 years of age or older. If
the offender is at least 22 years of
age, it is a class C felony.
Sexual Assault:
Committed when any person
engages in sexual contact with a
person at least 15 years old but less
than 18 years old and the offender
is at least 22 years old is a Class C
Felony. If the offender is under 22,
than it is a class A misdemeanor.
Ohio 16 No Romeo and Juliet - No Unlawful Sexual Conduct with a
4 Minor:
No person who is 18 years of age or
older shall engage in sexual
conduct with another, who is not
their spouse, when the offender
knows the other person is 13 years
of age or older but less than 16.
This is a felony in the Forth Degree,
except if the offender was less than
4 years older than the victim, in
which case it is a misdemeanor in
the first degree. If the offender is 10
years or more older than the victim,
it is a felony in the third degree.

Oklahoma 16 Yes 2 No Age Limitation on Conviction of


Rape: 21-1112:
No person can be convicted of rape
or rape by instrumentation on
account of an act of sexual
intercourse with anyone over the
age of 14 years old, with his or her
consent, unless the offender was
over the age of 18 years at the time
of such act.
Oregon 18 Yes 3 No Age as a defense in Certain Cases:
In certain cases, in which the lack
of consent was due solely by
incapacity to give consent by
reason of being less than 18 years
old, it is the defense that the actor
was less than 3 years older than the
victim at the time of the act.
Rape in the Third Degree: Class C
Felony
Committed if a person has sexual
intercourse with another person
under the age of 16.
Rape in the Second Degree: Class
B Felony
Committed if a person has sexual
intercourse with another person
under the age of 14.
Rape in the First Degree: Class A
Felony
Committed if a person has sexual
intercourse with another person
under the age of 12.
(These are the same for sodomy
laws).
Pennsylvania 16 Yes 4 Yes Statutory Sexual Assault: Felony in
the Second Degree
Except as provided in section 3121
(relating to rape), statutory sexual
assault is committed when the
offender engages in sexual
intercourse with a compliant who is
under the age of 16 years of age but
older than 13 and the actor is four
or more years older than the
compliant, and the compliant and
the actor are not married to each
other.

Rhode Island 16 No Romeo and Juliet - No Third Degree Sexual Assault:


3 Guilty if he/she is over the age of
18 years of age and engages in
sexual penetration with another
person over the age of 14 but under
the age of consent, 16 years of age.
Second Degree Sexual Assault:
Guilty if he/she engages in sexual
contact with another person who is
14 years of age or younger.
First Degree Sexual Assault:
Guilty if he/she engages in sexual
penetration with another person
who is 14 years of age or younger.
South 16 No No Criminal Sexual Contact with
Carolina Minors:
Guilty of the first degree if the actor
engages in sexual battery with a
victim who is less than 11 years of
age.
Guilty in the second degree if the
actor engages in sexual battery with
a victim who is 14 years of age or
less but who is at least 11 years of
age.
Guilty in the second degree if the
actor engages in sexual battery with
a victim who is at least 14 years of
age but who is less than 16 years of
age and the actor is in a position of
authority or is older than the victim.
South Dakota 16 No Romeo and Juliet - No Rape:
3 An act of sexual penetration
accomplished with any person
under the following circumstances:
(5)If the victim is 13 years of age,
but less than 16 years of age and the
perpetrator is at least 3 years older
than the victim. In this section of
rape, it is rape in the Forth Degree
and is a Class 3 Felony.
Sexual Contact with a Child Under
16-Felony or Misdemeanor:
Any person, 16 years of age or
older, who knowingly engages in
sexual contact with another person,
other than the person’s spouse, if
the person is under the age of 16
years, the actor is guilty of a Class
3 Felony. If the actor is less than 3
years older than the victim, the
actor is guilty of a Class 1
Misdemeanor.
Sexual Contact with a Child Under
the Age of 16-Violation as a
Misdemeanor:
Any person, under the age of 16,
who knowingly engages in sexual
contact with another person, other
than his/her spouse, if such other
person is under the age of 16 years
of age, is guilty of a Class 1
Misdemeanor.
Tennessee 18 Yes 4 No Mitigated Statutory Rape: Class E
Felony
(a)Mitigated statutory rape is the
unlawful sexual penetration of a
victim by the defendant, or of the
defendant by the victim when the
victim is at least 15 years of age but
less than 18 and the defendant is at
least 4 but not more than 5 years
older than the victim.
Statutory Rape: Class E Felony
Statutory rape is the unlawful
sexual penetration of a victim by
the defendant or the defendant by
the victim when:
(1)The victim is at least 13 years of
age but less than 18 years of age
and the defendant is at least 4 years
older than the victim; or
(2) This victim is at least 15 years
of age but less than 18 years of age
and the defendant is more than 5
years older than the victim.
Aggravated Statutory Rape: Class
D Felony
Is the unlawful sexual penetration
of a victim by the defendant, or the
defendant by the victim when the
victim is at least 13 years of age but
less than 18 and the defendant is at
least 10 years older than the victim.
Texas 17 No Romeo and Juliet - No § 22.011. SEXUAL ASSAULT:
3 A person commits an offense if the
person: (2) intentionally or
knowingly: (A) causes the
penetration of the anus or sexual
organ of a child by any means; (B)
causes the penetration of the mouth
of a child by the sexual organ of the
actor; (C) causes the sexual organ
of a child to contact or penetrate the
mouth, anus, or sexual organ of
another person, including the actor;
(D) causes the anus of a child to
contact the mouth, anus, or sexual
organ of another person, including
the actor; or (E) causes the mouth
of a child to contact the anus or
sexual organ of another person,
including the actor. (Child being a
person under the age of 17)
However, it is an affirmative
defense to prosecution under
Subsection (a)(2) that: (1) the actor
was not more than three years older
than the victim and at the time of
the offense: (A) was not required
under Chapter 62, Code of Criminal
Procedure, to register for life as a
sex offender; or (B) was not a
person who under Chapter 62, Code
of Criminal Procedure, had a
reportable conviction or
adjudication for an offense under
this section; and (2) the victim: (A)
was a child of 14 years of age or
older; and (B) was not a person
whom the actor was prohibited
from marrying or purporting to
marry or with whom the actor was
prohibited from living under the
appearance of being married under
Section 25.01.
Utah 18 Yes 3 No Unlawful Sexual Activity with a
Minor:
For the purposes of this section,
“minor” is a person who is 14 years
of age or older but younger than 16
years of age, at the time of sexual
activity.
Committed when the actor has
sexual contact (intercourse,
penetration, or sexual acts
involving the victim’s or actor’s
genitals, mouth, or anus) with a
minor. When committed it is a
Third Degree Felony unless the
actor is less than 4 years older than
the victim at the time the sexual
activity occurred, in which case it is
a Class B Misdemeanor.
Unlawful Sexual Conduct with a 16
or 17 year old:
For the purpose of this section,
“minor” is a person who is 16 years
of age or older but under than age
of 18 at the time of the sexual
conduct.
Committed when the actor is ten or
more years older than the victim at
the time of the sexual activity. This
is a third degree felony.
Vermont 16 Yes No Lewd or Lascivious Conduct with a
Child:
No person shall willfully or lewdly
commit and lewd or lascivious act
upon or with the body, or any part
or member thereof, of a child under
the age of 16 years, with the intent
of arousing, appealing to, or
gratifying the lust, passion, or
sexual desires, of such person. This
section shall not apply if the actor is
less than 19 years of age, the child
is at least 15 years of age, and the
contact is consensual.
Sexual Assault:
No person shall engage in a sexual
act with another person and compel
the other person to participate in a
sexual act (c) when the other person
is under the age of 16 years old,
except where the persons are
married, or the actor is less than 19
years of age, the child is at least 15
years of age and the act was
consensual. (does not apply if the
actor was in a form of authority of
the child).
Virginia 18 No Romeo and Juliet - No Carnal Knowledge of Children
3 between 13 and 15 years old:
If any person carnally knows,
without the use of force, a child 13
years of age or older, but under the
age of 15, such person will be
guilty of a Class 4 Felony.
However, if the child consents to
the act, the actor/accused is also a
minor, and the child is 3 or more
years the accused junior, the
accused shall be guilty of a Class 6
Felony.
If such consenting child is less than
3 years the accused junior, the
accused will be guilty of a Class 4
Misdemeanor.
Washington 16 Yes 4 Yes Rape of a Child in the Third
Degree: Class C Felony
Guilty when the person has sexual
intercourse with another who is at
least 14 years of age but less than
16 years of age and is not married
to the perpetrator, and the
perpetrator is at least 48 months
older than the victim.
Child Molestation in the Third
Degree: Class C Felony
Guilty when a person has, or
knowingly causes, another person
under the age of 18 to have sexual
contact with another who is at least
14 years of age but less than 16
years of age and not married to the
perpetrator, and the perpetrator is at
least 48 months older than the
victim.
West Virginia 16 Yes 4 Yes Sexual Assault in the Third Degree:
Guilty when (2) the person, being
16 years of age or more, engages in
sexual intercourse, or sexual
intrusion with another person who
is less than 16 years of age and who
is at least 4 years younger than the
defendant, and is not married to the
defendant.
Sexual Abuse in the Third Degree:
Guilty when he subjects another
person to sexual contact without the
latter’s consent, when such consent
is due to the victim’s incapacity to
consent by reason of being less than
16 years of age. It is a defense that
(1) the defendant was less than 16
years of age, and/or (2) the
defendant was less than 4 years
older than the victim.
Wisconsin 18 No No First Degree Sexual Assault of a
Child: Class B Felony
Whoever has sexual contact or
sexual intercourse with a person
who has not attained the age of 13.
Second Degree Sexual Assault of a
Child: Class C Felony
Whoever has sexual contact or
sexual intercourse with a person
who has not attained the age of 16.
Sexual Intercourse with a Child 16
Years of Age 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.

Wyoming 18 Yes 4 Yes Immoral or Indecent acts:


An actor convicted under these
circumstances shall be found guilty
unless the circumstances of the
crime involve a victim who was
under the age of 16 at the time of
the offense and the actor was at
least 4 years older than the victim.

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