Age of Consent in Peru: Laws, Exceptions, and Penalties

The age of consent in Peru is 14. Anyone 14 or older can legally consent to sexual activity, while any sexual act with a child under 14 is punishable by life imprisonment under Article 173 of the Penal Code, no matter how willing the child appeared or how old the other person is.1Legal Information Institute. Peruvian Penal Code Legislative Decree 635 Title IV – Crimes Against Liberty Chapter IX Several other provisions still protect teens between 14 and 17 from coercion, deception, and abuse of authority.

The Hard Line at Age 14

Article 173 treats every child under 14 as categorically incapable of consenting to a sexual act. The single penalty for a conviction is life imprisonment. Older versions of the law split victims into age brackets with different sentencing ranges, but the current text imposes one punishment for all offenses against children under that age.2International Centre for Missing & Exploited Children. Peru National Child Protection Legislation Non-penetrative sexual contact with a child under 14, covered by Article 176-A, carries 9 to 15 years.1Legal Information Institute. Peruvian Penal Code Legislative Decree 635 Title IV – Crimes Against Liberty Chapter IX

How the Law Treats Teens Aged 14 to 17

Peru has no close-in-age exemption, sometimes called a Romeo and Juliet law. The statute simply allows anyone 14 or older to consent, whether the other person is 15 or 50. Under the current penal code, people between 14 and 18 can exercise their sexual and reproductive rights as long as both parties genuinely consent.3UNAIDS. Changes in Peru’s Penal Code Will Enable More Young People to Access HIV Services

Two 15-year-olds in a consensual relationship face no criminal liability, and neither does an adult in a consensual relationship with a 16-year-old, provided no coercion, deception, or abuse of authority is involved. That last clause does a lot of work, because several other crimes continue to apply above the age of 14.

What Remains Illegal After a Minor Turns 14

Reaching the age of consent does not strip away all protection. Three provisions matter most for teens between 14 and 17.

Sexual violation by deception (Article 175). Deceiving a person aged 14 to 17 into sexual activity carries 6 to 9 years in prison. The provision recognizes that a teenager can be manipulated through lies about identity, intentions, or other material facts, and that apparent consent obtained through deception is not real consent.2International Centre for Missing & Exploited Children. Peru National Child Protection Legislation

Sexual violence (Article 170). Using physical force, psychological pressure, serious threats, or coercion to compel anyone, teen or adult, into sexual acts carries 14 to 20 years. With aggravating factors, the sentence rises to 20 to 26 years.4Legal Information Institute. Peru

Abuse of authority or dependency (Article 174). Sexual acts committed by someone exploiting a position of authority, supervision, or care, including in hospitals and care homes, carry 20 to 26 years.1Legal Information Institute. Peruvian Penal Code Legislative Decree 635 Title IV – Crimes Against Liberty Chapter IX A teacher, coach, or caretaker who sexually exploits a minor faces this provision directly.

Aggravating Factors

Peru’s general sentencing rules under Article 46 push penalties toward the maximum when the offender abuses power, trust, or any relationship that places them in a position of authority. Article 46 also treats crimes motivated by the victim’s sexual orientation, sexual identity, or gender as aggravated. Sexual exploitation committed as part of the tourism industry triggers enhanced penalties under Article 129-C.4Legal Information Institute. Peru

Where the victim is under 14, the base penalty is already life imprisonment, so aggravators affect parole eligibility and conditions rather than the prison term itself.

Marriage Is a Separate, Higher Threshold

The age of consent and the marriage age are not the same thing in Peru. Before November 2023, the minimum marriage age was 18, but children as young as 14 could marry with parental consent. Peru closed that loophole with legislation banning all child marriage without exception, and the law allows women who were married as minors to have those marriages annulled.5Young Lives. Peru Banned Child Marriage – Here Are Three Ways Longitudinal Research Helped to Make That Happen The minimum marriage age is now 18 across the board, with no parental or judicial override.

Consequences for U.S. Citizens Convicted in Peru

A sexual-offense conviction in Peru follows a U.S. citizen home. Under International Megan’s Law, the State Department places a permanent endorsement in the passport of any covered sex offender, stating that the bearer was convicted of a sex offense against a minor and identifying them as a covered offender under 22 U.S.C. 212b(c)(1).6U.S. Department of State. Passports and International Megan’s Law Foreign immigration officials can read the endorsement at the border, which can mean additional screening, detention, or denial of entry.

Registered sex offenders must also notify their registration jurisdiction of international travel at least 21 days before departure, including destination countries, dates, flight details, purpose, and lodging. There is no emergency exception to the 21-day rule. Failure to comply can lead to federal prosecution under 18 U.S.C. 2250, with up to 10 years in federal prison.