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States that set a minimum age of the defendant also tend to have minimum age requirements for the victim. Often, the age of the defendant is only relevant if the victim is above the minimum age requirement. Sexual Intercourse with Minors. Similar content. This is the age at which an individual can legally consent to sexual intercourse under any circumstances; Minimum age of victim. This is the age below which an individual cannot consent to sexual intercourse under any circumstances; Age differential.
If the victim is above the minimum age and below the age of consent, the age differential is the maximum difference in age between the victim and the defendant where an individual can legally consent to sexual intercourse; and Minimum age of defendant in order to prosecute. This is the age below which an individual cannot be prosecuted for engaging in sexual activities with minors. The table notes those states in which this law only applies when the victim is above a certain age.
Table 1: State Age Requirements State Age of consent Minimum age of victim Age differential between the victim and defendant if victim is above minimum age Minimum age of defendant in order to prosecute Note: Some states have marital exemptions. This Table assumes the two parties are not married to one another. In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim.
For example: In the District of Columbia it is illegal to engage in sexual intercourse with someone who is under the age of consent 16 if the defendant is 4 or more years older than the victim. Although it is less common, the age differentials in some states vary depending on the age of the victim. In Washington, sexual intercourse with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is 4 or more years older than the victim.
The age differential decreases in cases where the victim is less than 14 years of age 3 years , further decreasing if the victim is less than 12 years of age 2 years. In Nevada, the age of consent is 16; however, sexual intercourse with someone who is under 16 years of age is illegal only if the defendant is at least 18 years of age the age at which the defendant can be prosecuted.
In Ohio, sexual intercourse with someone under 13 years of age is illegal regardless of the age of the defendant. However, if the victim is above this minimum age requirement 13 and below the age of consent 16 , it is only illegal to engage in sexual intercourse with that individual if the defendant is at least 18 years of age. Some states define minimum age thresholds for defendants and age differentials. In North Carolina, the age of consent is Law Library Disclaimer.
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