Romeo And Juliet Law Law and Legal Definition
Teenage couples before either participant has reached the age of consent, or after one has but the other has not, may engage in consensual sexual conduct as part of an intimate relationship. In such cases, the older of the two participants is technically guilty of rape as any consent between partners, even if freely given, does not meet the standard of law as it is given by a minor. "Romeo and Juliet" laws, serve to reduce or eliminate the penalty of the crime in cases where the couple's age difference is minor and the sexual contact is only considered rape because of the lack of legally-recognized consent.
Example of a state statute ( Florida) dealing with Romeo & Juliet Law
The Florida Romeo & Juliet Law passed in 2007 is designed to protect individuals from the sex offender list. The victim in the case must be between 14 and 17, a willing participant in the sexual activity and no more than four years younger than the offender. The offense must be the only sex crime on the offender's record.This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society.
Section 943.04354 of the Florida Statutes (2008) is known as the "Romeo and Juliet Law."
The law as it appears in the statute.
Fla. Stat. � 943.04354. Removal of the requirement to register as a sexual offender or sexual predator in special circumstances
(1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:
(a) Was or will be convicted or adjudicated delinquent of a violation of s. 794.011, s. 800.04, or s. 847.0135(5) or the person committed a violation of s. 794.011, s. 800.04, or s. 847.0135(5) for which adjudication of guilt was or will be withheld, and the person does not have any other conviction, adjudication of delinquency, or withhold of adjudication of guilt for a violation of s. 794.011, s. 800.04, or s. 847.0135(5);
(b) Is required to register as a sexual offender or sexual predator solely on the basis of this violation; and
(c) Is not more than 4 years older than the victim of this violation who was 14 years of age or older but not more than 17 years of age at the time the person committed this violation.
(2) If a person meets the criteria in subsection (1) and the violation of s. 794.011, s. 800.04, or s. 847.0135(5) was committed on or after July 1, 2007, the person may move the court that will sentence or dispose of this violation to remove the requirement that the person register as a sexual offender or sexual predator. The person must allege in the motion that he or she meets the criteria in subsection (1) and that removal of the registration requirement will not conflict with federal law. The state attorney must be given notice of the motion at least 21 days before the date of sentencing or disposition of this violation and may present evidence in opposition to the requested relief or may otherwise demonstrate why the motion should be denied. At sentencing or disposition of this violation, the court shall rule on this motion and, if the court determines the person meets the criteria in subsection (1) and the removal of the registration requirement will not conflict with federal law, it may grant the motion and order the removal of the registration requirement. If the court denies the motion, the person is not authorized under this section to petition for removal of the registration requirement.
(3) (a) This subsection applies to a person who:
1. Is not a person described in subsection (2) because the violation of s. 794.011 or s. 800.04 was not committed on or after July 1, 2007;
2. Is subject to registration as a sexual offender or sexual predator for a violation of s. 794.011 or s. 800.04; and
3. Meets the criteria in subsection (1).
(b) A person may petition the court in which the sentence or disposition for the violation of s. 794.011 or s. 800.04 occurred for removal of the requirement to register as a sexual offender or sexual predator. The person must allege in the petition that he or she meets the criteria in subsection (1) and removal of the registration requirement will not conflict with federal law. The state attorney must be given notice of the petition at least 21 days before the hearing on the petition and may present evidence in opposition to the requested relief or may otherwise demonstrate why the petition should be denied. The court shall rule on the petition and, if the court determines the person meets the criteria in subsection (1) and removal of the registration requirement will not conflict with federal law, it may grant the petition and order the removal of the registration requirement. If the court denies the petition, the person is not authorized under this section to file any further petition for removal of the registration requirement.
(4) If a person provides to the Department of Law Enforcement a certified copy of the court's order removing the requirement that the person register as a sexual offender or sexual predator for the violation of s. 794.011, s. 800.04, or s. 847.0135(5), the registration requirement will not apply to the person and the department shall remove all information about the person from the public registry of sexual offenders and sexual predators maintained by the department. However, the removal of this information from the public registry does not mean that the public is denied access to information about the person's criminal history or record that is otherwise available as a public record.
2012 Update
When two minors have sex it can still be a crime in some states. Even though some States have enacted Romeo and Juliet Laws, the laws are still harsh and many times unfair to one or both parties. Also parents sometimes knowingly or unknowlingly end up causing one or both minors to get convicted of statutory rape when trying to break up a romance between their minor child and another minor child. Many of the minors who are convicted of having sex with another minor or both end up on sexual offender lists. Many times although both minors may be guilty under their States law of statutory rape only the male is prosecuted. There is also so much discretion in which cases the prosecutors chooses to prosecute that many cases go uncharged while others of equal criminal degree are charged. The result is pure discrimination and unfair. This discretion is also sometimes used by the Courts in lessening the charges for some while not others.
Statutory rape is a serious crime that needs to be controlled. It is reported that over 50% of the teen pregancies are a result of sex with a male over 20 years of age. Laws to help prevent adults from having sex with minors need to exist. Just where to draw the line when the sex is between two minors is hard to determine.
Many States have age gap provisions that can be used as a defense or Romeo and Juliet laws but reform is still needed. One reason reform is needed is because the laws are applied in a discriminatory manner based in part on "who you are".
Gap or Romeo and Juliet laws as of 2012.
Alabama: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 18 Age Gap Provision: No*
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.
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: Age of Consent: 16 Age Gap Provision: No*
Sexual Assault in the first degree: 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: Age of Consent: 18 Age Gap Provision: No*
Unlawful Sexual Intercourse:
Any person who engages in sexual intercourse with a minor under the age of 18 who is not three years younger or three years older than the perpetrator. Reduced charge to a misdemeanor.
An adult who engages in unlawful sexual intercourse with a minor who is less than 2
years younger than the adult will be charged with a civil penalty, not to exceed $2000.00.
Colorado: Age of Consent: 17 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: Yes*
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.
Delaware: Age of Consent: 18 Age Gap Provision: Yes*
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: Age of Consent: 18 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: Yes*
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.
Sexual Assault in the Third Degree: Class C Felony
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: Age of Consent: 18 Age Gap Provision: Yes*
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: Age of Consent: 17 Age Gap Provision: 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: Age of Consent: 16 Age Gap Provision: No*
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: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 17 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 17 Age Gap Provision: No*
Statutory Rape in the First Degree:
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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 17 Age Gap Provision: No*
Sexual Assault of a Child in the 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: Age of Consent: 16 Age Gap Provision: No*
Sexual Assault:
(3)A person who commits a sexual assault against a child under the age of 16 years is
guilty of a category A felony.
New Hampshire: Age of Consent: 16 Age Gap Provision: Yes*
Felonious Sexual Assault:
A person is guilty of a class B felony if the offender engages in sexual penetration with
another person, other than a legal spouse, who is 13 years of age or older and under
16 years of age where the age difference between the offender and the victim is three
years or more.
Sexual Assault:
A person is guilty of a Class A misdemeanor when (a) the actor subjects another person who is 13 years of age of older to sexual contact under any of the circumstances named in RSA 632-A:2 (b) when the actor subjects another person, who is not a spouse, who is 13 years of age or older and under 16 years of age to sexual contact, where the age difference between the actor and the other person is 5 years or more (c) in the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor’s spouse, who is 13 years of age or older, but under 16 where the age difference between the actor and the other person is 3 years or less. If a person is convicted under (c) that person will not be required to register as a sex offender.
New Jersey: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 17 Age gap Provision: Yes*
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: Age of Consent 17 Age Gap Provision: No*
Sexual misconduct: Class A 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 Carolina: Age of Consent: 16 Age Gap Provision: Yes*
Statutory Rape: Class B1 Felony
Guilty if the defendant engages in sexual intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least 6 years older than the victim, who is not their spouse.
Statutory Rape: Class C Felony
Guilty if the defendant engages in sexual intercourse of a sexual act with another person who is 13, 14 or 15 years of age and the defendant is at least 4 but less than 6 years older then the victim, who is not their spouse.
North Dakota: Age of Consent: 18 Age Gap Provision: 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: Age of Consent: 16 Age Gap Provision: No*
Unlawful Sexual Conduct with a Minor:
No person who is 18 years of age or older shall engage in sexual conduct with another, who is not their spouse, when the offender knows the other person is 13 years of age or older but less than 16. This is a felony in the Forth Degree, except if the offender was less than 4 years older than the victim, in which case it is a misdemeanor in the first degree. If the offender is 10 years or more older than the victim, it is a felony in the third degree.
Oklahoma: Age of Consent: 16 Age Gap Provision: Yes*
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: Age of Consent: 18 Age Gap Provision: Yes*
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: Age of Consent: 16 Age gap Provision: 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: Age of Consent: 16 Age Gap Provision: No*
Third Degree Sexual Assault:
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 Carolina: Age of Consent: 16 Age Gap Provision: No*
Criminal Sexual Contact with Minors:
Guilty of the first degree if the actor engages in sexual battery with a victim who is less
than 11 years of age.
Guilty in the second degree if the actor engages in sexual battery with a victim who is
14 years of age or less but who is at least 11 years of age.
Guilty in the second degree if the actor engages in sexual battery with a victim who is at least 14 years of age but who is less than 16 years of age and the actor is in a position of authority or is older than the victim.
South Dakota: Age of Consent: 16 Age Gap Provision: No*
Rape:
An act of sexual penetration accomplished with any person under the following
circumstances:
(5)If the victim is 13 years of age, but less than 16 years of age and the perpetrator is at least 3 years older than the victim. In this section of rape, it is rape in the Forth Degree and is a Class 3 Felony.
Sexual Contact with a Child Under 16-Felony or Misdemeanor:
Any person, 16 years of age or older, who knowingly engages in sexual contact with another person, other than the person’s spouse, if the person is under the age of 16 years, the actor is guilty of a Class 3 Felony. If the actor is less than 3 years older than the victim, the actor is guilty of a Class 1 Misdemeanor.
Sexual Contact with a Child Under the Age of 16-Violation as a Misdemeanor:
Any person, under the age of 16, who knowingly engages in sexual contact with another person, other than his/her spouse, if such other person is under the age of 16 years of age, is guilty of a Class 1 Misdemeanor.
Tennessee: Age of Consent: 18 Age Gap Provision: Yes*
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: Age of Consent: 17 Age Gap Provision: No*
§ 22.011. SEXUAL ASSAULT:
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: Age of Consent: 18 Age Gap Provision: Yes*
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: Age of Consent: 16 Age gap Provision: Yes*
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: Age of Consent: 18 Age Gap Provision: No*
Carnal Knowledge of Children between 13 and 15 years old:
If any person carnally knows, without the use of force, a child 13 years of age or
older, but under the age of 15, such person will be guilty of a Class 4 Felony.
However, if the child consents to the act, the actor/accused is also a minor, and the child is 3 or more years the accused junior, the accused shall be guilty of a Class 6 Felony.
If such consenting child is less than 3 years the accused junior, the accused will be
guilty of a Class 4 Misdemeanor.
Washington: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 16 Age Gap Provision: 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: Age of Consent: 18 Age Gap Provision: 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: Age of Consent: 18 Age Gap Provision: 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.
Reference:
http://www.crimevictimsinstitute.org/documents/Adolescent_Behavior_3.1.11.pdf
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