Additionally, a person under 17 can legally consent to sex with a person who is no more than 10 years older.16: Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse. The age of consent varies by state, with most states, including Connecticut, setting it at age 16.18: Having sex with someone under 18, if the offender is over 30, is also considered rape. Maryland’s age of consent law applies differently if the older partner is in a position of trust or authority over the younger partner.16: The justices based their ruling on a Massachusetts law that established the legal age of sexual consent as 16. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
A person who engages in sexual intercourse with a child under the age of 16 commits the crime of sexual intercourse without consent.17: The law prohibits an individual 18 years old and younger from being convicted of statutory rape. (5) “Employee of a facility” means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. There must be some additional evidence.16: In Hawaii, the legal age of consent to have sex is 16 years old. However, there is a close in age exception that allows those who are 14 years or older to have sex with someone who is less than 5 years older. For example, if a 17 year old had consensual sex with a 15 year old it would not be considered statutory rape. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. Assuming that the victim is over the age of legal consent in Nebraska, consent may be a viable defense.16: Pursuant to NRS 200.364(5) the age of consent is 16 years old in Nevada. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or (2) that: (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (B) the victim: (i) was a child of 14 years of age or older; and (ii) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. The legal Age of Consent for states bordering Texas:16: Under the Alaska age of consent laws, it is second degree sexual abuse for someone aged 16 or older to engage in sexual penetration with an individual who is a) at least 3 years younger and b) aged 13, 14 or 15 years old.18: In Arizona, statutory rape is consensual sexual or oral intercourse with an individual who is below Arizona’s age of consent. The law suggests that those who are below Arizona’s age of consent, which is 18 years old, are unable to consent to sexual activity with an individual who is older than them.16: Any person under the age of consent is deemed to be mentally incapable of consenting to sex. To qualify for removal under “Romeo and Juliet,” the victim must have been at least 14 years old and the offender no more than four years older.16: In Georgia, the age of consent to engage in sex is 16. However, there can be no conviction for statutory rape in Georgia based only on the unsupported testimony of the victim. A person in Kentucky commits third degree rape by engaging in sexual intercourse when the other person is: under the age of 16 and the defendant is 21 years old or older. Under the age of 18 and the defendant is 21 years old or older and is the victim’s foster parent, or.16: The age of sexual consent in Maine is 16 years old.