The lowest age of consent in the US is 16, and that is also the most common threshold: roughly 30 states and the District of Columbia draw the line there. No state sets it lower. The remaining states split between 17 and 18, and a layer of federal law can apply on top when conduct crosses state lines or happens on federal property.
The States That Use Sixteen
These states set their general age of consent at 16: Alabama, Alaska, Arkansas, Connecticut, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and West Virginia. The District of Columbia uses 16 as well.
In each of these places, a person who has turned 16 can legally consent to sexual activity with an adult, so long as no other disqualifying factor is present. “Age of consent is 16” is not a license, though. Every one of these states still criminalizes sexual contact involving coercion, incapacity, or a power imbalance, and separate statutes raise the effective age when an authority relationship exists. The 16 threshold applies only to otherwise consensual encounters between people who have no special legal relationship to one another.
Where the Age Is Higher
Eight states set the age at 17: Colorado, Illinois, Louisiana, Missouri, Nebraska, New Mexico, New York, and Texas. Sexual activity with a 16-year-old in these states is a criminal offense even if both parties believed it was consensual, though close-in-age provisions soften the consequences for some teenage relationships.
Twelve states set the line at 18: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, Wisconsin, and Wyoming. These are the strictest jurisdictions. Florida treats sexual activity with anyone under 18 as a potential felony, with Florida Statutes § 800.04 specifically criminalizing sexual conduct with a person younger than 16 and separate provisions covering 16- and 17-year-olds.1The Florida Legislature. Florida Code 800.04 – Lewd or Lascivious Offenses Committed Upon or in the Presence of Persons Less Than 16 Years of Age California criminalizes all sexual intercourse with a person under 18 regardless of the age gap, though it reduces the charge to a misdemeanor when the parties are close in age.
Because of this split, a relationship that is legal in one state can be a serious felony a short drive away. A person in Kansas (age 16) who crosses into Colorado (age 17) with a 16-year-old partner enters a completely different legal picture.
Federal Rules Layered on Top
Federal law does not override state age-of-consent laws within a state’s own borders, but it governs on federal territory and when conduct crosses jurisdictions. Under 18 U.S.C. § 2243, sexual activity on federal land, military installations, or in federal prisons with a person between 12 and 15 is a federal crime carrying up to 15 years in prison, provided the older person is at least four years older than the minor.2Office of the Law Revision Counsel. 18 U.S. Code 2243 – Sexual Abuse of a Minor or Ward The federal threshold functions as an age of consent of 16 on federal property, matching the lowest state standard.
The picture changes when someone travels. Under 18 U.S.C. § 2423, transporting anyone under 18 across state or international borders for the purpose of sexual activity is a federal crime punishable by up to 15 years in prison.3U.S. Department of Justice. Criminal Resource Manual 2002 – Transportation of Minors 18 USC 2423 The age here is 18, not 16 or 17. Even where the underlying activity is legal in both the departure state and the destination state, crossing a state line with a 17-year-old for sexual purposes triggers federal jurisdiction.
The Uniform Code of Military Justice sets its own age of consent at 16 for service members. Under UCMJ Article 120, sexual activity with a person under 16 is a separate military offense, and a conviction can result in imprisonment and dishonorable discharge on top of any state-level consequences.
Close-in-Age Exemptions
Most states build some form of close-in-age exemption into their statutory rape laws, sometimes called “Romeo and Juliet” provisions. They either reduce the charge or eliminate criminal liability when the gap between the two people is small enough. The permitted gap varies: some states allow two years, others three or four. Texas provides an affirmative defense when the older person was no more than three years older than the minor, the minor was at least 14, and the older person was not already a registered sex offender.4State of Texas. Texas Penal Code 22.011 – Sexual Assault
A few limits apply almost everywhere these exemptions exist. Prosecutors calculate the gap using exact birth dates, not calendar years, and exceeding the allowed gap by a single day eliminates the protection. Where the exemption operates as an affirmative defense rather than a true exception to the crime, a person can still be arrested, charged, and forced to raise the defense at trial. Not every state offers these protections at all. California has no true Romeo and Juliet law; it reduces the charge to a misdemeanor when the parties are close in age, but the conduct remains criminal regardless of the gap.
Positions of Trust Raise the Age
Even in states where the general age of consent is 16, a higher threshold applies when the older person holds a position of trust or authority over the younger one. The covered relationships vary by state but consistently include teachers, coaches, school administrators, foster parents, stepparents, legal guardians, and in some states employers and clergy. Indiana criminalizes sexual conduct between a minor and anyone in a professional relationship or position of authority over them; Michigan raises the effective age to 18 for any school employee, contractor, or volunteer; and the District of Columbia extends the protection to age 20 for students in the school where the offender works.5U.S. Department of Justice. Conflicts Between State Marriage Age and Age-Based Sex Offense Laws Washington State pushes the threshold all the way to 21 for teacher-student sexual contact.
Convictions under these authority-based statutes carry heavier penalties than standard statutory rape charges. A conviction almost universally triggers permanent loss of any professional license tied to working with minors, often automatically on conviction without a separate disciplinary proceeding.
Mistake About Age Is Usually Not a Defense
Most states treat statutory rape as a strict liability offense. The older person’s belief about the minor’s age is legally irrelevant. It does not matter if the minor lied, used a fake ID, or looked significantly older. If the minor was under the age of consent, the crime is complete.
Federal law is slightly more forgiving. Under 18 U.S.C. § 2243, a defendant charged with sexual abuse of a minor on federal land can argue they reasonably believed the other person was 16 or older, with the defendant bearing the burden of proving the belief by a preponderance of the evidence.2Office of the Law Revision Counsel. 18 U.S. Code 2243 – Sexual Abuse of a Minor or Ward A handful of states allow a version of a reasonable-mistake defense, but the bar is steep: the defendant typically needs to show the minor affirmatively misrepresented their age and that an average person using reasonable caution would have made the same mistake. These defenses rarely succeed in practice.
What a Conviction Carries
A statutory rape conviction in most states triggers mandatory sex offender registration. Registration periods run from 10 years to life depending on the jurisdiction, the severity of the offense, and the age of the victim. Registration is a public record, restricts where a person can live and work, and requires periodic check-ins with law enforcement. Residency restrictions in many states prohibit registered sex offenders from living within 500 to 2,500 feet of schools, parks, and daycare centers.
Collateral consequences reach further. A conviction can permanently disqualify a person from careers in education, healthcare, law enforcement, and any field involving minors. Federal law prohibits registered sex offenders from possessing firearms, and most sexual offenses qualify as deportable crimes for non-citizens. Close-in-age exemptions sometimes shield a person from registration, but in states that treat the exemption as an affirmative defense, a conviction can still appear on the record and trigger registration even when the sentence itself is reduced.