"Statutory Rape" is the general term for the criminal act of having sexual intercourse with a minor who is under the age of consent. Why does this law exist? The law recognizes two things about age and consent:

  • Children under the age of 13 are too young to understand the full meaning of sexual intercourse, and are easy for adults and older teens to manipulate.
  • Teenagers who are in relationships with someone who is 4 or more years older than them are not on a level playing field when it comes to making decisions about sex.
Here's the age breakdown:
Statutory Rape
If anyone has sexual intercourse with a minor under the age of 13.
  • This is a 1st degree felony, punishable by up to 20 years in prison
Statutory Sexual Assault
If a person has sexual intercourse with a minor under the age of 16 and that person is four or more years older.
  • This is a 2nd degree felony, punishable by up to 10 years in prison.
So, if you're 15 or younger, and your boy/girlfriend is more than 4 years older, they could get in trouble! Here are the ages where statutory sexual assault can occur:


Your age Your boy/girlfriend's age
15 19
14 18
13 17


It is a crime even if the underage person:

  • Agreed or initiated sex
  • Pretended to be older or lied about his/her age
  • Had sexual experience prior to the incident
It is a crime even if the older person:
  • Is in a committed relationship with the underage person
  • Thought the younger person was older
  • Had the approval of the younger person's parents