This offense is a second degree felony. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time , and will know how prosecutors and judges typically handle cases like yours. If a teen who is 13, 14 or 15 has sex with a person who is less than four years older than they are, then an accusation of statutory rape will not be made. This offense is a first degree felony. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. The age of consent is the age that the state has determined a person needs to be in order to be able to understand what they are doing when they engage in sexual intercourse. In cases involving sexual contact with a person under the age of 13, the other party will be charged with rape. Click any charge for more detailed information. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Pennsylvania Age Of Consent Law: Teens between 13 and 15 may or may not be able to consent to a partner less than 4 years older, because while they might not be affected by the statutory rape laws, they could be prosecuted under other offenses. Sex Offender Registration State law requires—in addition to the applicable fines and prison time—that people convicted of certain instances of statutory rape must register as sex offenders. Those who break the law have committed statutory rape. Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. The marital defense is a remnant of the marital rape exemption. There are a wide range of laws and charges that can be applied to different circumstances, with factors ranging from the age difference between the two parties involved and whether the two people are married to one another.
A close in age exemption , also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. Statutory sexual assault includes sexual intercourse including genital, oral, or anal penetration, however slight with a child who 13, 14, or 15, when: The state of Pennsylvania has established a number of different rules regarding consent, with an eye to acknowledging that there is a difference between corruption of a minor, statutory sexual assault, and consensual activity between two young people. Teens between 13 and 15 may or may not be able to consent to a partner less than 4 years older, because while they might not be affected by the statutory rape laws, they could be prosecuted under other offenses. The legal age of consent is 16 years of age for statutory sexual assault, and 18 years for corruption of minors. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Punishments for Violating the Age Of Consent in Pennsylvania Pennsylvania has six statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. Except as provided in section relating to rape , a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other. If a teen who is 13, 14 or 15 has sex with a person who is less than four years older than they are, then an accusation of statutory rape will not be made. This offense is a first degree felony. One or more of these charges may be used to prosecute violations of the Pennsylvania Age of Consent, as statutory rape or the Pennsylvania equivalent of that charge. In Pennsylvania, there is a Romeo and Juliet exemption for consensual sexual acts between a minor who is 13 or older and a defendant who is less than four years older. If you or someone you love has been accused of violations regarding the legal age of consent, the criminal defense attorneys at Erik B. Rape includes sexual intercourse including genital, oral, or anal penetration, however slight with a minor who is younger than 13 years old. The Pennsylvania Age of Consent is 16 years old. Aggravated indecent assault includes genital or anal penetration however slight with a body part, between a minor who is younger than 13 and a defendant of any age. Depending on the situation, the Pennsylvania close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. Individuals aged 15 or younger in Pennsylvania are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. At the law firm of Erik B. Share on Facebook In Pennsylvania, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 16 , even if the sex is consensual. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Minors are legally incapable of giving consent to having sex; so for example, if Jen, who is 15 years old, willingly has sex with Tony, her year-old boyfriend, Tony can face criminal charges, since Jen is not legally capable of giving consent in the first place. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. In cases involving sexual contact with a person under the age of 13, the other party will be charged with rape.
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