Criminal Defense Lawyers

whats the legal age of consent

Understanding Age of Consent Laws

The age of consent refers to the age at which a person can legally consent to sexual activity. Age of consent laws vary by state and situation, so it’s important to understand the specifics in your jurisdiction. This article provides an overview of key considerations regarding age of consent.

What Is Age of Consent?

Age of consent is the age at which a person can legally consent to sexual activity. Below this age, a person is considered incapable of consenting to sexual acts under the law and such activity may be considered statutory rape. The age of consent ranges from 16 to 18 in U.S. states.

Reasons Behind Age of Consent Laws

Age of consent laws are meant to protect minors from coercion and abuse. The legal system generally considers minors below a certain age to lack the maturity and judgment to give informed consent for sexual activity. Age of consent laws try to strike a balance between protecting young people and allowing them to make personal decisions about relationships.

Age of Consent by State

Age of consent laws vary widely by state. Common ages of consent are:

• 16: Age of consent in a majority of U.S. states, including New Jersey, New York and Pennsylvania.
• 17: Age of consent in 9 states – Colorado, Illinois, Louisiana, Missouri, New Mexico, North Dakota, Oregon, Tennessee and Texas.
• 18: Age of consent in 12 states – Arizona, California, Delaware, Florida, Idaho, Kentucky, North Carolina, Ohio, South Dakota, Utah, Virginia and Wisconsin.

So the age of consent ranges from 16 to 18 depending on the state. Consult your state laws to determine what applies.

Determining If Activity Is Legal

• When both partners are below the age of consent, sexual activity is illegal regardless of whether it is consensual. So two 15-year-olds consenting to intimacy is still illegal.
• When one partner is below the age of consent and one is older, sexual activity is only legal if the older partner is within a certain age range. This range varies by state. For example, some states allow intimacy between a minor and a partner less than 4 years older.
• Same-sex sexual activity often has the same age of consent as opposite sex activity. But some states prohibit same-sex sexual activity at any age.

Always check your state laws to determine if a relationship violates age of consent.

Close-in-Age Exemptions

Many states include close-in-age exemptions in their age of consent laws as a way to accommodate teenage relationships. These exemptions allow minors below the age of consent to have sex with a partner within a specified age range.For example, in Colorado the age of consent is 17. But the close-in-age exemption permits those aged 15 and 16 to consent to partners less than 10 years older. So a 16-year-old can legally consent to a partner who is no more than 25 in Colorado.

Marriage and Age of Consent

Marriage can sometimes override age of consent laws. Every state allows minors below 18 to marry under certain conditions, like getting parental consent or court approval. And in some states, marriage overrides the age of consent requirement. So if two persons below the age of consent marry, they may legally consent to sex.However, advocates argue that marriage exceptions to age of consent laws can enable abuse. So some states are restricting or eliminating marriage exceptions.

Penalties for Violations

Violating age of consent laws brings severe penalties like:

• Jail or prison time
• Fines
• Sex offender registration
• Probation

Penalties get harsher with wider age gaps between partners and other factors. Statutory rape charges can mean years in prison, depending on state laws.

Common Defenses Against Age of Consent Violations

Some potential defenses against accusations of violating age of consent include:

• Reasonable mistake of age. The accused can argue they had an honest and reasonable belief their partner was old enough to consent. This depends on factors like the minor misrepresenting their age.
• Technical statutory rape. In some states, there are provisions for legal sex between minors or minors and young adults that apply even if below the age of consent. So the sexual activity may not meet the standard definition of statutory rape.
• No sexual penetration occurred. Since statutory rape definitions often require penetration, defendants can argue no vaginal, anal or oral sex occurred. But other sexual acts may still violate other laws.

An experienced criminal defense lawyer can advise on defenses against statutory rape charges in a particular state.

Key Takeaways About Age of Consent

• Age of consent is 16 to 18 in most states
• Activity below the age of consent is illegal, even if both partners consent
• Close-in-age exemptions allow older minors to consent to partners within a limited age range
• Marriage can override age of consent rules in some states
• Penalties get harsher as age gaps between partners widen

Always check your state laws to determine if sexual activity is legal. And consult an attorney if facing accusations of violating age of consent.

Resources

https://www.reddit.com/r/legaladvice/comments/5949kq/age_of_consent_question/
https://www.quora.com/Why-is-the-age-of-consent-so-high-in-some-US-states-like-California-where-it-is-18-Shouldnt-it-be-lower/answer/Jenna-Lane https://www.avvo.com/legal-guides/ugc/a-breakdown-of-the-age-of-consent-by-state https://www.findlaw.com/family/marriage/state-by-state-marriage-age-of-consent-laws.html
https://www.lawinfo.com/resources/criminal-defense/statutory-rape/defenses-against-statutory-rape.html