Minimum age of the accused for prosecution. Sixteen states set age limits for defendants below which persons cannot be prosecuted for sexual intercourse with minors (see last column of table 1). A common misconception about legal rape is that state codes define a single age at which a person can legally consent to sex. Only 12 states have a uniform age of consent, below which a person cannot consent to sexual intercourse under any circumstances, and above which it is legal to have sexual intercourse with another person beyond the age of consent. In Massachusetts, for example, the age of consent is 16. The age of consent in Alabama is 16. See Alabama Rape Act. From Alabama Code Articles:27 Although reporting requirements in many states relate to one or more state statutory rape laws, California is an exception in that reporting requirements are contained in the same section of the statutes (the Penal Code) as criminal laws dealing with sexual activity involving minors. As mentioned above, few states use the term legal rape in their codes. Instead, penal codes determine the legality of certain sexual acts. Current legislation is often incorporated into the section of the Code dealing with other sexual offences (e.g., sexual assault, violent rape).

In some states, a child who is pregnant or infected with a sexually transmitted disease is sufficient to establish a reasonable suspicion of abuse, so a report is required. In Rhode Island, as mentioned above, the law requires non-familial cases to be reported in two situations, one of which is when the designated reporter is a physician or nurse treating a child under the age of 12 infected with a sexually transmitted disease. Michigan also requires medical providers to report all cases where a child under the age of 12 is pregnant or has a sexually transmitted disease. In contrast, California law states that “the pregnancy of a minor is not, in and of itself, a basis for reasonable suspicion of sexual abuse.” 32 The California Court of Appeals also ruled that commissioned journalists are not required to report cases in which a minor has a sexually transmitted disease.33 Therefore, under Texas law, with few exceptions, it is illegal to have sex with anyone under the age of 17. This is sometimes called a legal rape law because a person under the age of 17 is legally incapable of giving consent. In two-thirds of states, laws establish circumstances in which child abuse is a reportable crime, regardless of the relationship of the accused to the victim. In some states, the definition of child abuse includes all of the legal rape offenses listed in the penal code (e.g., North Dakota, Ohio, and Wyoming). In such cases, commissioned reporters are required to inform the relevant authorities if they suspect that a child has been a victim of any of these crimes. In most cases, countries differ in the applicability of reporting obligations. The following examples illustrate the differences between these states. Sections 1303 and 1304 of the Commonwealth Code also criminalise sexual activity with persons aged 18 or 19 if they are “in the custody of the Department of Public Health and Environmental Services under the civil or criminal laws of the Commonwealth and the offender is the legal guardian of the person”.

Section 33.021 Online advertising directed at minors is a criminal offence that prohibits any person 17 years of age or older from intentionally or knowingly communicating certain sexual content or attempting to incite or solicit a minor under the age of 17, or any communication, language or material, including a photograph or video image relating to or describing sexual conduct. [208] The age of consent for penetrative sexual activity in New Mexico is 16 with age differences, marriage and school employee regulations. One of the tasks of this project was to compile state laws and reporting obligations. As can be seen from this paper, there are large differences between the laws and reporting obligations in different states. This report contains the following two sections: 11 Sexual intercourse with a person under the age of 16 is legal in certain circumstances. However, sexual interference with anyone under the age of 15 is illegal, regardless of the age of the accused. If both parties are under eighteen, Pennsylvania has an age of consent of sixteen. Or, if the defendant is eighteen years of age or older, the age of consent is 18. The age of consent in Tennessee is 18. A near-age exception allows minors between the ages of 13 and 17 to engage in sexual penetration with partners under the age of 4.

Sentences vary according to the age of the juvenile and the age difference between the juvenile and the offender. (See article 39-13-506. [84] The age of consent in Florida is 18,[19] but there are exceptions close to age.