Minimum age. In 27 states that do not have a uniform age of consent, laws set the age at which a person cannot have legal sex, regardless of the age of the accused (see second column of table 1). The minimum age in these states ranges from 10 to 16 years. The legality of sexual intercourse with a person over the minimum age and under the age of consent depends on the age difference between the two parties and/or the age of the defendant. Different jurisdictions express these definitions differently, such as Argentina, may say that the age of consent is 18, but an exception is made until the age of 13 if the older partner does not have a position of authority over the younger. The following data reflect what each jurisdiction`s legislation actually means, not what it says superficially. However, section 510.120(2) of the KRS provides a defense against prosecution under section 510.120(1)(b) (if the actor is between 18 and 21 years of age) for second-degree sexual abuse if the victim is at least 14 years old and the actor is less than 5 years of age older. Similarly, it is a defence against the Class B offence of “third-degree sexual abuse” (KRS § 510.130), defined as subjecting another person to non-consensual sexual relations when the lack of consent is solely due to a disability of old age, the victim is 14 or 15 years old and the actor is under 18 years old. Section 21.12 Inappropriate relationship between educator and student Prohibits sexual contact between a school employee (including educators) and a student enrolled in the elementary or secondary school or school district where the employee works (unless the student is the employee`s spouse).
The law does not stipulate an age (even if the student has reached the age of consent, it is still a violation), and violations are a second-degree felony. Persons convicted under Article 21.12. are not required to register as sex offenders. The law exists to prevent scenarios in which a teacher or employee forces a student to have sex in exchange for higher grades or other favors.  Until 2014, there were civil court decisions in California stating that minors under the age of 18 can consent to sexual activity, even though the age of consent under state criminal law is 18.  There is also a law on bribing minors against adults who corrupt the morale of minors under the age of 18.  However, the Corruption of Minors Act applies only to offenders 18 years of age and older. In 2005, JoAnne Epps, a former prosecutor and dean of academic affairs at Temple University`s Beasley School of Law, said that charging corruption of minors is considered a different crime than legal rape; She explained that determining whether a minor consents to sexual activity is a different issue than whether someone is corrupting the minor`s morals.  It is reasonable to assume that this defence would also apply to 16- and 17-year-olds, but as the law currently drafts, it is not clear whether 16- and 17-year-olds can freely agree with anyone under the age of 30, or whether charges under 768 (a Class F crime) can still apply if they exceed the positive defence stated “difference of 4 years”. The term “lawful rape” appears in this document; However, few states have laws that specifically use this term. More commonly, a state`s law will include a number of offenses that include age-specific provisions relating to voluntary sexual acts and the age at which a person can lawfully consent to such acts. For the purposes of this overview, “legal rape” refers to sexual acts that would be legal if at least one of the parties were not elderly.
The summaries of individual States in section III of the report refer to specific offences that constitute lawful rape. Details: The minimum age is 16 years for anyone over 20 years old. Under 20 years of age, the youngest person must not be under 14 years of age. However, there is a law on “sexual indecency with a child” that prohibits anyone over the age of 18 from soliciting sexual activity from anyone under the age of 15 (or under the age of 15). This means that while sexual activity between a 14-year-old and an 18- or 19-year-old may be legal in itself, solicitation could still be charged with a Class D crime. Legal rape is a crime in which one or both people have not reached the age of consent and both agree to engage in sexual activity. Since a person is legally too young to consent to sex, the encounter cannot be consensual and legally constitutes rape. 10 In some cases, a state`s laws on sexual intercourse do not coincide with one or more of its laws on other types of sexual acts. For example, in South Dakota, sexual penetration with a person between the ages of 10 and 16 is illegal unless the defendant is less than 3 years older than the victim.
However, sexual interference with a person under the age of 16 is unlawful regardless of the age of the defendant (in State v. Darby, 556 N.W.2d 311, 127 (SD 1996), the South Dakota Supreme Court held that these two offences could be mutually exclusive). These cases are identified in the corresponding situation summaries. The age of consent in Arizona is 18. However, the law provides defences against prosecution if the accused is close to the minor or his or her spouse. Note: These are not age-related exceptions, but court defences. Arizona Revised Statute 13-1405 (A) Although the legislation tends to reflect general societal attitudes regarding the age of male consent versus the age of female consent, Richard Posner notes in his Guide to America`s Sex Laws: The age of consent in Illinois is 17 and increases to 18 with someone who has a position of authority or trust over the victim. There is no exception related to age, exceeding the age limit is a criminal sexual assault.  The only minimum age for a perpetrator of first-degree rape/criminal sexual act with a victim under the age of 11 (NY Penal Law §§ 130.35  & 130.50 ), first- and second-degree sexual abuse (NY Penal Law §§ 130.65  & 130.60 ) and sexual misconduct (NY Penal Law § 130.20) is provided by the Defense for Children in New York criminal law § 30.00 (1). This age is 16 years.
A person under this age may be convicted as a juvenile delinquent, but may not commit these crimes. On the other hand, a 16-year-old commits a crime by voluntarily having sex with a person who cannot legally consent to have sex, including another 16-year-old, even if that “victim” is actually older. (People v. Bowman, 88 Misc. 2d 50; 387 N.Y.S.2d 982 [City Crim. Ct. 1976]; Jessie v. case, 164 A.D.2d 731; 565 N.Y.S.2d 941 [4 Dept., 1991].) In fact, reciprocity crimes are committed when two 16-year-old single girls from New York State voluntarily have sex with each other, each being the “victim” of the other.
In Utah, the minimum age for consenting to sexual behavior is 18. (All age groups mentioned are “at the time of action.”) Under the Romeo and Juliet exception, it is legal for minors aged 16 and 17 to engage in consensual sexual acts with partners under the age of 7 and up to 10 years older if the eldest did not know the age of the minor.  The age of consent in Oklahoma is 16.   A near-age exemption applies if the minor was over 14 years of age and the actor was 18 years of age or younger.  With just under 40 million inhabitants, California is the most populous state. The age of consent is 18, and anyone seventeen or younger is considered incapable of consenting to sexual intercourse in California. Thus, anyone who has sex with a partner under the age of eighteen theoretically commits a crime. Even if both partners are under eighteen, both can technically be prosecuted under state law. The age of consent in Pennsylvania is 16 for sexual consent.    The age of consent was previously 14 but was raised to 16 in 1995.
 Age difference. In 27 countries, the legality of sexual intercourse with minors is based, at least in certain circumstances, on the age difference between the two parties (see third column of table 1). In 12 of these states, legality is based solely on the age difference between the two parties. For example: In addition, persons under the age of 13 cannot give their legal consent, and persons between the ages of 14 and 17 can only consent to sexual activity in certain circumstances. Understanding the different terms used in a state law is especially important in states where a person may be legally able to consent to one type of sexual activity but not another. For example, Alabama`s laws regarding the legality of sexual activity with people under the age of 16 and over the age of 12 differ depending on the type of activity. In cases involving sexual intercourse, defendants over the age of 16 who are at least 2 years older than the victim are guilty of second-degree rape. However, sexual touching is only illegal in cases where the accused is at least 19 years of age. The age of consent, which at the time only applied if the girl was the youngest, 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 was 16. The age of consent in California has been 18 since 1913.