AgeGapProvisions US
AgeGapProvisions US
AgeGapProvisions US
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.