Delaware[ edit ] The age of consent in Delaware is 18, but it is legal for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than Definitions generally applicable to sexual offences. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.
Rape in the fourth degree; class C felony. Florida[ edit ] The age of consent in Florida is 18,  but close-in-age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose Florida code, Title XLVI, Chapter A new law passed in stated that persons convicted of statutory rape may be removed from the sex offender list if they were no more than four years older than their victims, had only the statutory rape offense on their records, and had victims aged 14— The crime of "statutory rape" makes it illegal for a perpetrator of any age to have sexual intercourse with someone under the age of 16 that they are not married to.
This offense carries a minimum sentence of 1 year in prison, and a maximum of 20 years. If the offender is 21 years of age or older, the minimum is raised to 10 years in prison, and the offender is subject to sex offender sentencing guidelines.
The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person," as well as electronically transmit any depiction of such an act. For repeat offenders, the minimum 10 years and the maximum is life imprisonment. This crime has the same close-in-age exception as statutory rape stated above if the victim is 14 or 15 years old and the actor is 18 or younger and within 4 years of age.
A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" defined under state law as any act of oral sex or anal sex.
However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor.
This exception was added after a landmark case, Wilson v. State of Georgia occurred in and caused lawmakers to think the statute should have a close-in-age exception.
At the time because of the words of the law, a year-old boy was sentenced to 10 years in prison for having consensual oral sex with a year-old girl. In , the Georgia Supreme Court reversed the conviction of a man convicted of raping a year-old girl because the age of consent in Georgia was 10 at the time.
Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that. There is however a close-in-age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older. Avery Chumbley , a member of the Hawaiian Senate , had made efforts to raise the age of consent. If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act including intercourse, anal sex and oral sex is considered Rape.
This law does not discriminate by the gender of the victim nor actor, and notably provides no exceptions based on the parties being close-in-age.
Like Lewd Conduct above, this law does not discriminate by gender. There is no close-in-age exception, crossing the age boundary is Criminal Sexual Assault. Although Illinois' minimum marriage age with parental consent or court order is 16,  there is no statutory exception to the age of sexual consent. History of Illinois laws[ edit ] Bill was introduced in to decriminalize sexual relationships between persons 13—16 years old and those fewer than five years older, but the bill failed to pass.
Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors. The law allows the actor a defense to prosecution if the victim is currently or was previously married the absolute minimum marriageable age in Indiana is 15 , although this defense does not apply in the case of violence, threats or drugs.
This is not a close-in-age exception though, but merely a defense in court. The law also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older.
The age limit rises to 18, according to IC, if the actor is an adult who is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of the minor; or a child care worker for the minor; or a military recruiter who is attempting to enlist over the minor. Under certain aggravating circumstances, the crime becomes a Class A felony.
A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances Kansas[ edit ] The age of consent in Kansas is Aggravated indecent liberties with a child is sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.
Limon the previous Kansas age of consent law, which did not apply to homosexuals, was struck down by the Kansas Supreme Court due to 's Lawrence v. Kentucky[ edit ] The age of consent in Kentucky is Kentucky Revised Statutes Section In addition to the basic law regarding consent, the KRS has additional consent laws covering a variety of other situations: Sexual abuse in the first degree is a Class D felony if the victim is 12 to 17 years old, and a Class C felony if the victim is under The age of consent in Louisiana is Felony carnal knowledge of a juvenile A.
Felony carnal knowledge of a juvenile is committed when: Teenagers aged 14 and 15 may engage in sexual intercourse with partners who are less than 5 years older. Sexual abuse of minors 1. A person is guilty of sexual abuse of a minor if: The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person.
Maryland[ edit ] The age of consent in Maryland is The distinction is that a rape involves vaginal intercourse. The age of consent in Massachusetts is Section 23 of Chapter of the General Laws of Massachusetts states: