The age of consent is the age in which a person is considered legally old enough to consent to sexual activity. These laws are taken seriously, though they can become confusing. It is important to understand that there are various laws on the books in Pennsylvania that guide the age of consent and prosecution of those who violate it.
Consent Laws in Pennsylvania
The Pennsylvania age of consent is 16 years old. Nobody 15 years of age or younger can legally consent to sexual activity. The Pennsylvania statutory rape law makes the de-facto age of consent in Pennsylvania 18 due to the Commonwealth’s corruption of minors statute.
The laws can be confusing, and this information may seem contradictory. The law allows those aged 16 to 17 to consent to sexual activity with each other, but not to anyone 18 or older. Those between the ages of 13 to 15 may or may not be able to consent to a partner less than four years older than themselves. While they may not fall under PA’s statutory rape laws, they could be prosecuted under other offenses, including:
- Statutory sexual assault
- Indecent assault
- Aggravated indecent assault
- Involuntary deviate sexual intercourse
- Sexual abuse of children
- Sexual exploitation of children
All cases of sexual contact with a person under the age of 13 will result in charges of rape against the other party.
Pennsylvania does have a close-in-age exemption, known as a “Romeo and Juliet law.” This law is designed to prevent the prosecution of underage couples who engage in consensual sexual activity with both participants are close in age and one or both are below the age of consent.
Penalties for Violating Consent Laws
The offenses listed above all carry varying penalties if a person is found guilty. One or more of these offenses could be used to prosecute those who violate the Pennsylvania Age of Consent laws. The severity of these charges depends on the specifics of each crime committed and the relative ages of the victim and the perpetrator.
- Aggravated Indecent Assault
- First-degree felony punishable by up to 20 years in prison and a fine of up to $25,000.
- Second-degree felony punishable by up to 10 years in prison and a fine of up to $25,000.
- Indecent Assault
- Third-degree felony was punishable by up to 7 years in prison and a fine of up to $15,000.
- First-degree misdemeanor punishable by up to 5 years in prison.
- Second-degree misdemeanor punishable by up to 2 years in prison.
- Involuntary Deviate Sexual Intercourse
- First-degree felony punishable by up to 20 years in prison and a fine of up to $25,000.
- Sexual Abuse of Children
- Second-degree felony punishable by up to 10 years in prison and a fine of up to $25,000.
- Third-degree felony punishable by up to 7 years in prison and a fine of up to $15,000.
- Sexual Exploitation of Children
- Second-degree felony punishable by up to 10 years in prison and a fine of up to $25,000.
- Statutory Sexual Assault
- First-degree felony punishable by up to 20 years in prison and a fine of up to $25,000.
- Second-degree felony punishable by up to 10 years in prison and a fine of up to $25,000.
If you need a strong defense team to protect your rights, contact Ciccarelli Law Office’s Criminal defense attorneys in Pennsylvania at (610) 692-8700.