In the United States, the age of consent is the legal age at which a person is considered mature enough to consent to sex. However, the actual age is set by individual state laws. Sexual relations with an individual under the state’s mandated age of consent is deemed as statutory rape, since rape is generally defined as sex without the other’s consent, and anyone under the age of consent does not have the ability to consent in the eyes of the law. In some jurisdictions, this is true even if both partners are themselves younger than the age of consent and both parties could technically be prosecuted.
Penalties
One or more of charges may be used to prosecute violations of a state’s age of consent laws, such as statutory rape or the state’s equivalent of that charge.
The severity of the criminal charge (e.g. Class A felony, Class B felony, misdemeanor, etc) depends on the specific acts committed and the relative ages of the perpetrator and victim. Those found guilty face fines and jail time, as much as $25,000 and fifty years in prison, depending on the state.
Age of Consent Range in the United States
The states laws do differ and the minimum age of consent in the United States is sixteen and the maximum is eighteen years old.
From time to time, states do update their laws, including the age of consent. For example, from 2018 to 2019, Wyoming and New Mexico raised their age of consent from sixteen to seventeen.
Consenting Age Difference
In some states, there is a close-in-age exemption. This is stipulated by some states to allow an exception when consensual sex involves an individual, or individuals, who are underage and the partners are close in age.
This age-dependent exemption is also known as the "Romeo and Juliet law" and is designed to prevent the prosecution of underage couples who engage in consensual sex when:
- Both participants are close-in-age, and
- One or both are below the age of consent.
As of July 2019, there are twenty-five states, as well as the District of Columbia, that have a close-in-age of exemption, and twenty-five states that do not. The allowed age difference is typically in the two to five-year range, but Utah’s close-in-age exemptions allow teens aged sixteen to seventeen years old to consent to partners less than seven years older, and partners between seven to ten years older if the partner had no reasonable knowledge of the minor's age.
Then there are other exemptions and specifics depending on the particular state. These can greatly vary and can become quite complicated. For example, in North Carolina, it is a crime regardless of age to sexually engage with a student if the defendant is a:
- school teacher,
- student teacher,
- school administrator,
- school safety officer,
- coach, or
- other school employees at the child's school.
But there is an exception to all of this if the two partners are married, then the age of consent does not apply.
As you can see from the North Carolina example, the age of consent laws become complicated depending on what state’s laws are in effect. For this reason, short reviews for eight other states are included below.
California
Age of Consent: 18 Close-in-age Exemption: No
At just under forty million people, California is the most populous state. Its age of consent is eighteen, and anyone seventeen or under is considered incapable of consenting to sex in California. So, anyone having sex with a partner under eighteen is theoretically committing a crime. Even if both partners are under eighteen, technically, both can be prosecuted under the state’s law.
California’s statutory rape law is violated when a person has consensual sexual intercourse with an individual under age eighteen who is not their spouse. Punishments vary depending on the respective ages of both victim and offender. Separate crimes exist for sodomy with minors and sexual intercourse with a child under age fourteen when the attacker is at least seven years older.
California has seven statutory sexual abuse charges on the books.
Texas
Age of Consent: 17 Close-in-age Exemption: No
Another populous state, the Texas statutory rape law is violated when a person has consensual sexual intercourse with an individual under seventeen. While there is no close-in-age exemption, potential defenses exist when the offender is no more than three years older than the victim and of the opposite sex. Sexual intercourse between an employee of a school and a student is prohibited unless they are married, and no age of consent is specified in the special instance of a school employee and student that engaged in sexual intercourse.
Texas has five statutory sexual abuse charges on the books.
Florida
Age of Consent: 18 Close-in-age Exemption: Yes
As one of the retirement destinations in the U.S., the state is the third most populous and the age of consent is eighteen. So, anyone seventeen or under is considered incapable of consenting to sex. Florida does have a close-in-age exemption, or Romeo and Juliet law, but is a bit different. It allows minors aged sixteen or seventeen to engage in consensual sexual intercourse with a partner no older than the age of twenty-three.
Florida has four statutory sexual abuse charges on the books.
Alabama
Age of Consent: 16 Close-in-age Exemption: Yes
While the age of consent is stated as sixteen, Alabama’s statutory rape law is violated when an individual over the age of eighteen engages in sexual intercourse with a person over the age of twelve and under age sixteen. Or, when a person sixteen or older engages in sexual intercourse with a victim that is at least two years younger.
Additionally, an offender commits the crime of sodomy if an individual age sixteen or older engages in deviate sexual intercourse with a person under sixteen and older than twelve, and this is enforced as a statutory charge.
Alabama has ten statutory sexual abuse charges on the books.
Georgia
Age of Consent: 16 Close-in-age Exemption: No
When a person has consensual sexual intercourse with an individual under the age of sixteen who is not their spouse, the Georgia statutory rape law is violated. While no close-in-age exemption exists in Georgia, if the offender is under age nineteen and the victim is no more than four years younger, the offense is classified as a misdemeanor rather than a felony.
Georgia has eight statutory sexual abuse charges on the books.
New York
Age of Consent: 17 Close-in-age Exemption: No
A large and populous state, the New York statutory rape law is violated when a person has consensual sexual intercourse with an individual under the age of seventeen, who they are not married to. Punishment varies depending on the age of the offender. Also, in New York, there is no defense based on a lack of knowledge of the victim's age.
New York has fifteen statutory sexual abuse charges on the books.
Pennsylvania
Age of Consent: 16 or 18 Close-in-age Exemption: Yes
If both parties are under eighteen, Pennsylvania has an age of consent of sixteen years old. Or, if the defendant is eighteen or older, the age of consent is eighteen.
The state’s statutory rape law defines the age of consent as sixteen and it conflicts with another law; Pennsylvania's corruption of minors statute indicates that the age of consent is eighteen. This has produced some confusion since the laws in this state now allow teens aged sixteen and seventeen to consent to each other, but not to anyone eighteen or older. Teens between thirteen and fifteen may or may not be able to consent to a partner less than four years older. It is uncertain because while a defendant might not be affected by the statutory rape laws, they could be prosecuted under other offenses.
Pennsylvania has six statutory sexual abuse charges on the books.
Ohio
Age of Consent: 16 Close-in-age Exemption: Yes
Ohio statutory rape law is violated when a person has consensual sexual intercourse with an individual whom they are not married to that is under the age of sixteen. A close-in-age exemption exists allowing minors aged thirteen and older to consent to a partner under the age of eighteen.
Ohio has five statutory sexual abuse charges on the books.