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In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, District of Columbia, and territories. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.[1]
Different jurisdictions express these definitions differently, like Argentina, may say the age of consent is 18, but an exception is made down to 13 years of age, if the older partner is not in a position of authority over the younger one. The data below reflects what each jurisdiction's legislation actually means, rather than what it states on the surface.
While the general ages of consent are now set between 16 and 18 in all U.S. states, the age of consent has widely varied across the country in the past. In 1880, the ages of consent were set at 10 or 12 in most states, with the exception of Delaware where it was 7.[105] The ages of consent were raised across the U.S. during the late 19th century and the early 20th century.[106][107] By 1920, 26 states had an age of consent at 16, 21 states had an age of consent at 18, and one state (Georgia) had an age of consent at 14.[105] Small adjustments to these laws occurred after 1920. The last 2 states to raise its age of general consent from under 16 to 16 or higher were Georgia, which raised the age of consent from 14 to 16 in 1995,[108] and Hawaii, which changed it from 14 to 16 in 2001.[109]
Age-of-consent laws were historically only applied when a female was younger than her male partner. By 2015 ages of consent were made gender-symmetric.[109] Until the late 20th century many states had provisions requiring that the teenage girl must be of previous "chaste character" in order for the sexual conduct to be considered criminal. In 1998 Mississippi became the last state to remove this provision from its code.[110]
The laws were designed to prosecute people far older than the victims rather than teenagers close in age; therefore prosecutors rarely pursued teenagers in relationships with other teenagers even though the wordings of the laws made some close-in-age teenage relationships illegal. After the 1995 Landry and Forrest study concluded that men aged 20 and older produced half of the teenage pregnancies of girls between 15 and 17, states began to more stringently enforce age-of-consent laws to combat teenage pregnancy in addition to prevent adults from taking advantage of minors.[111]
A backlash among the public occurred when some teenagers engaging in close-in-age relationships received punishments perceived by the public to be disproportionate,[112] and thus age-gap provisions were installed to reduce or eliminate penalties if the two parties are close in age.[113] Brittany Logino Smith and Glen A. Kercher of the Criminal Justice Center of Sam Houston State University wrote that these laws are often referred to as "Romeo and Juliet laws", though they defined Romeo and Juliet as only referring to an affirmative defense against prosecution.[114] Previously some of these statutes only applied to heterosexual sex, leaving homosexual sex in the same age range open to prosecution.[115]
On June 26, 2003, both heterosexual and homosexual sodomy became legal (between non-commercial, consenting adults in a private bedroom) in all U.S. states, District of Columbia, and territories, under the U.S. Supreme Court decision Lawrence v. Texas.[116] In State v. Limon (2005), the Kansas Supreme Court used Lawrence as a precedent to overturn the state's "Romeo and Juliet" law, which prescribed lesser penalties for heterosexual than homosexual acts of similar age of consent-related offenses.[117]
From 2005 onwards states have started to enact Jessica's Law statutes, which provide for lengthy penalties (often a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring) for the most aggravated forms of child sexual abuse (usually of a child under age 12). In 2008, in Kennedy v. Louisiana, the Supreme Court of the United States ruled that the death penalty for rape of a child was unconstitutional.
{Chapter 117, 18 U.S.C. 2422(b)} forbids the use of the United States Postal Service or other interstate or foreign means of communication, such as telephone calls or use of the internet, to persuade or entice a minor (defined as under 18 throughout the chapter) to be involved in a criminal sexual act. The act has to be illegal under state or federal law to be charged with a crime under 2422(b), and can even be applied to situations where both parties reside within the same state but use an instant messenger program whose servers are located in another state.[118]
{Chapter 117, 18 U.S.C. 2423(a)} forbids transporting a minor (defined as under 18) in interstate or foreign commerce with the intent of engaging in criminal sexual acts in which a person can be charged. This subsection is ambiguous on its face and seems to apply only when the minor is transported across state or international lines to a place where the conduct is already illegal to begin with. The United States Department of Justice seems to agree with this interpretation.
{Chapter 117, 18 U.S.C. 2423(b)} forbids traveling in interstate or foreign commerce to engage in "illicit sexual conduct" with a minor; this is considered one form of sexual tourism. 2423(f) refers to Chapter 109A as its bright line for defining "illicit sexual conduct" as far as non-commercial sexual activity is concerned. For the purposes of age of consent, the only provision applicable is {Chapter 109A, 18 U.S.C. 2243(a)}. 2243(a) refers to situations where such younger person is under the age of 16 years, has attained 12 years of age, and the older person is more than 4 years older than the 12-to-15-year-old (children under 12 are handled under 18 U.S.C. 2241(c) under aggravated sexual abuse). So, the age is 12 years if one is within 4 years of the 12-to-15-year-old's age, 16 under all other circumstances. This law is also extraterritorial in nature to U.S. Citizens and Residents who travel outside of the United States.
Although legislation tends to reflect general societal attitudes regarding male versus female ages of consent, Richard Posner notes in his Guide to America's Sex Laws:
The U.S. Supreme Court has held that stricter rules for males do not violate the equal protection clause of the Constitution, on the theory that men lack the disincentives (associated with pregnancy) that women have, to engage in sexual activity, and the law may thus provide men with those disincentives in the form of criminal sanctions.[119]
The Assimilative Crimes Act (18 U.S.C. § 13) incorporates local state criminal law when on federal reservations such as Bureau of Land Management property, military posts and shipyards, national parks, national forests, inter alia. Consequently, if an act is not punishable under any federal law (such as 18 U.S.C. 2243(a) mentioned above) then the local state's age-of-consent laws would apply to the crime.
The Protect Act § 503 of 1992 (codified at 18 U.S.C. § 2251 to 18 U.S.C. § 2260) makes it a federal crime to possess or create sexually explicit images of any person under 18 years of age; this creates a federal age of consent of 18 for pornography.[120] Thus, while some conduct covered by the statute is highly culpable, these penalties apply even when consensual sex between someone under the age of eighteen and someone over the age of eighteen is entirely legal under state law. The non-commercial possession of an explicit picture or video clip of the person under the age of eighteen (such as a cell phone photograph of a naked sexual partner who is under the age of eighteen, or a picture of the photographer if they are under 18) may still constitute a serious federal child pornography felony.[121] The sentence for a first time offender convicted of producing child pornography under 18 U.S.C. § 2251 (such as taking a suggestive cell phone picture of an otherwise legal sexual partner under the age of eighteen without an intent to share or sell the picture), face fines and a statutory minimum of 15 years to 30 years maximum in prison.[122][123] While mandatory minimum offenses do not apply to mere possession of child pornography, it is almost always the case that a person in possession of child pornography is also necessarily guilty of either receipt of child pornography, which carries a five-year mandatory minimum sentence, or production of child pornography, which carries a fifteen-year mandatory minimum sentence.[124]
However, in Esquivel-Quintana v. Sessions, the Supreme Court held that in the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic federal definition of "sexual abuse of a minor" requires the age of the victim to be less than 16.[125]
Article 120b of the Uniform Code of Military Justice (10 U.S.C. § 920b), to which essentially only members of the United States Armed Services and enemy prisoners of war are subject, defines the age of consent as sixteen years but allows an exemption for people who are married to minors 12–15 years old. There is also a mistake-in-age defense if the minor is over 12, but not if the minor is under 12. Within the United States, United States servicemembers are further subject to the local state law both when off-post. The local state law is incorporated, for the most part, into federal law when on-post per the Assimilative Crimes Act (18 U.S.C. § 13). Depending upon the relevant status of forces agreement, United States service members are also subject to the local criminal laws of the host nation for acts committed off-post.
The age of consent in the District of Columbia is 16 with a close-in-age exemption for those within four years of age.[126] However, sexual relations between people 18 or older and people under 18 are illegal if they are in a "significant relationship". According to the Code of the District of Columbia, a relationship is considered "significant" if one of the partners is:
Each U.S. state has its own general age of consent. As of August 1, 2018, the age of consent in each state in the United States is either 16 years of age, 17 years of age, or 18 years of age. The most common age of consent is 16, which is a common age of consent in most other Western countries.
These state laws are discussed in detail below. Most of these state laws refer to statutory rape using names other than "statutory rape" in particular.[130] Such laws may refer to: "carnal knowledge of a minor", "child molestation", "corruption of a minor", "sexual misconduct", or "unlawful carnal knowledge".[111] The laws of Georgia, Missouri, North Carolina,[131] Mississippi, and Tennessee specifically refer to "statutory rape", with each state defining it differently. Nevada criminalizes "statutory sexual seduction" while Pennsylvania criminalizes "statutory sexual assault".[58]
In most states there is not a single age in which a person may consent, but rather consent varies depending upon the minimum age of the younger party, the minimum age of the older party, or the differences in age. Some states have a single age of consent.[58] Thirty U.S. states have age gap laws which make sexual activity legal if the ages of both participants are close to one another,[114] and these laws are often referred to as "Romeo and Juliet laws".[109] Other states have measures which reduce penalties if the two parties are close in age, and others provide an affirmative defense if the two parties are close in age.[114] Even though state laws regarding the general age of consent and age gap laws differ, it is common for people in the United States to assume that sexual activity with someone under 18 is statutory rape.[109]
In 2011 Smith and Kercher wrote "Because of the large number of potential statutory rape cases, it is said that many jurisdictions will "pick and choose" which cases they want to investigate and prosecute."[114] In some states it is common to only prosecute the male in events where both parties in a heterosexual relationship are below the age of consent. Smith and Kercher wrote that there had been "large inconsistencies" among the decisions of prosecution and sentencing of these cases, and there had been accusations that minority males who have sex with minority girls resulting in pregnancy or who have sex with white girls have faced the brunt of enforcement.[132]
The age of consent in Alabama is 16. See Rape law in Alabama. From the articles of the Code of Alabama:
The State Legislature passed Act 2010-497 making it a crime for any school employee to have any sexual relations with a student under the age of 19. A school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, and other school employee. Age of the student and consent is not a defense. So thus, the age of consent of 16 cannot be used.
Any individual convicted of these offenses, regardless if they received prison time or not, will have to register as a Sex Offender for the remainder of their life.
There was also a law which prohibited K-12 teachers from having sex with students under age 19, and violators could face prison time or get on the sex offender registry. In 2017, Alabama Circuit Judge Glenn Thompson, of Morgan County in the north of the state, ruled that this law was unconstitutional.[133]
The age of consent is 16, provided the older partner is not in a position of authority.
Alaska Statutes – Title 11. Criminal Law – Chapter 41. Offenses Against the Person – Sexual Abuse of a Minor
Section 436 in the First Degree (Unclassified Felony); Section 436 in the Second Degree (Class B Felony);
Section 438 in the Third Degree (Class C Felony); Section 440 : in the Fourth Degree (Class A misdemeanor)
AS 11.41.436. Sexual Abuse of a Minor in the Second Degree.
(a) An offender commits the crime of sexual abuse of a minor in the second degree if,
(1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four years younger than the offender, or aids, induces, causes, or encourages a person who is 13, 14, or 15 years of age and at least four years younger than the offender to engage in sexual penetration with another person...[134]
Sexual Abuse of a Minor in the ... :
The age of consent in Arizona is 18. However, there exist in the legislation defenses to prosecution if the defendant is close-in-age to the minor or a spouse of the minor. Note: these are not close-in-age exceptions but defenses in court. Arizona Revised Statute 13-1405(A)
The age of consent is 16, with some close-in-age exemptions.
Details: The minimum age is 16 for anyone age 20 or older. Under 20, the younger person must not be less than 14. However, there exists a "sexual indecency with a child" law that prohibits any person over age 18 from soliciting sexual activity from anyone under 15 (or believed to be under 15). This means that while sexual activity between a 14-year-old and an 18- or 19-year-old may be legal in and of itself, soliciting it could still be charged as a class D felony.
Sexual penetration (intercourse or "deviate sexual activity") between a major (18+) and a minor under 14 is a rape, punishable by a minimum 25 year sentence. Under 18, there is a defense for sexual contact if the younger (<14) minor is not more than 4 years younger if 12 or above, or not more than 3 years younger if under 12. For acts involving penetration, the exception is 3 years for all ages below 14.
Title 5 - Criminal Offenses. Subtitle 2 - Offenses Against The Person. Chapter 14 - Sexual Offenses. Subchapter 1 - General Provisions.
§ 5-14-126 - Sexual assault in the third degree.[136]
§ 5-14-127 - Sexual assault in the fourth degree.[137]
§ 5-14-110 Sexual Indecency With a Child[138]
(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in: (A) Sexual intercourse; (B) Deviate sexual activity; or (C) Sexual contact;
Title 9 - Family Law. Subtitle 3 - Minors. Chapter 27 - Juvenile Courts And Proceedings. Subchapter 3 - Arkansas Juvenile Code § 9-27-303:[139]
The age of consent in California is 18.
In California, there is a crime of "Unlawful sexual intercourse", which is an act of sexual intercourse with a person under the age of 18 who is not the spouse of the person. (CA Penal Code § 261.5 (a)) There are no exceptions; all sexual activity with a person under the age of 18 (and not their spouse) is a criminal offense. So if a 15-year-old willingly has sex with a 17-year-old, both have committed a crime, although it is only a misdemeanor.
The punishment is varied, depending on the ages of the perpetrator and the victim, and there are more severe penalties if there is a wider gap between the age of the perpetrator and the age of the victim:[131]
There are also civil sanctions possible for a violation stated above. (CA Penal Code § 261.5 (e))
There are separate crimes for committing sodomy with minors. (CA Penal code § 286)
There are separate crimes for committing any lewd or lascivious act with a person under the age of 14. (CA Penal Code § 288)
The age of consent, at the time applying only when the girl is the younger party, was 10 when California introduced its penal code in 1850. In 1889 the age of consent was raised to 14. In 1897 the age of consent became 16. The age of consent in California has been 18 since 1913. Some media sources reported that the age of consent in California in the 1970s was 14 or 16 but in fact it was and has been 18.[131]
In the 1990s Governor of California Pete Wilson stated that there was a trend of men in their mid-to-late 20s having sex with and impregnating teenage girls around 14 years of age and that the statutory rape laws needed to be enforced to prevent this.[140]
In 2012 Kristin Olsen, a Republican member of the State Assembly of California, sponsored a bill that criminalizes sexual relations between K-12 teachers and students, including students over 18, as well as sexual text messages and other communications aimed at seducing a student. The bill was proposed after a 41-year-old teacher and 18-year-old high school student publicly announced that they were in a relationship.[141] The bill was killed in committee by Democratic lawmakers concerned about the constitutionality of the proposed legislation.[142]
By 2014 there had been civil court rulings in California stating that minors under 18 may consent to sexual activity, even though the age of consent is 18 under state criminal l
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Ages of consent in the United States - Wikipedia
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