Age of Consent by State: Every State's Law Explained

The age of consent in the United States ranges from 16 to 18, and the state you're in determines what is legal. That gap of two years carries serious criminal consequences, including felony charges, sex offender registration, and prison sentences that vary dramatically by jurisdiction.

What "Age of Consent" Actually Means

The age of consent is the minimum age at which a person can legally agree to sexual activity with any partner, regardless of the other person's age. Below that threshold, consent is legally irrelevant, meaning the act is a crime even if both parties agreed.

This is a floor, not a ceiling. Many states layer on additional restrictions based on the age gap between partners, the relationship between them, or whether one person holds authority over the other, such as a teacher, coach, or employer.

States Where the Age of Consent Is 16

Thirty-one states set the age of consent at 16. These include Alabama, Alaska, Arkansas, Connecticut, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, Vermont, Washington, and West Virginia.

Setting the age at 16 does not mean all activity is unrestricted. New York, for example, includes a graduated system: a person aged 17 or 18 having sex with a 15-year-old faces misdemeanor charges, while a person 21 or older with a 16-year-old can face felony charges under specific circumstances. Michigan similarly applies position-of-trust rules that raise the effective age of consent to 18 when the older party is in a supervisory role.

States Where the Age of Consent Is 17 or 18

Seven states set the age of consent at 17: Colorado, Illinois, Louisiana, Missouri, Nebraska (in certain contexts), New York (for some offenses), and Texas. The framing varies by statute, so the practical age depends on the specific charge.

Twelve states set it at 18: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Wisconsin. California has no close-in-age exception whatsoever. A 19-year-old and a 17-year-old engaging in sexual activity is a criminal offense under California law, full stop.

Florida sets the age at 18 but includes a narrow Romeo and Juliet provision allowing partners within four years of age to petition for removal from the sex offender registry after conviction, though the underlying act remains illegal.

Romeo and Juliet Laws and Close-in-Age Exceptions

Romeo and Juliet laws are close-in-age exemptions that decriminalize or reduce penalties when both partners are within a defined age range of each other. These laws exist in roughly half of all states, though the allowed gap varies significantly.

Texas allows an age gap of up to three years when both parties are at least 14. Connecticut allows up to two years when one partner is at least 13. Maine allows up to five years. These provisions exist specifically to avoid criminalizing teenage relationships while still prosecuting adult predation.

States without any close-in-age exception include California, Delaware, Arizona, and Oregon. In those states, any sexual activity involving a minor below the state's age of consent is prosecutable regardless of how close in age the two people are.

Position-of-trust laws add another layer. In most states, the effective age of consent rises to 18 when the older party is a teacher, coach, therapist, law enforcement officer, or holds any formal authority over the younger person. Violating these provisions often carries heavier mandatory sentences than standard statutory rape charges.

No State Has an Age of Consent Below 16

To answer a question that circulates widely online: no U.S. state has an age of consent of 7, 12, or any figure below 16. That claim is false. The federal floor effectively sets 16 as the minimum through the PROTECT Act and related statutes, and no state law currently conflicts with that floor.

Japan's national age of consent was raised to 16 in 2023, correcting a decades-old anomaly in its penal code. That change is now settled law.

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Key Takeaways

• 31 states set the age of consent at 16, 7 states at 17, and 12 states at 18.
• California, Arizona, Delaware, and Oregon have no close-in-age exceptions, meaning any violation is prosecutable regardless of the age gap.
• Position-of-trust laws raise the effective age of consent to 18 in nearly every state when the older party holds authority over the younger person, even when the base age of consent is 16.

State laws vary far more than most people realize, and those differences extend well beyond the age of consent. Use our state comparison calculator to see how laws, taxes, and cost of living stack up across every state before making a decision about where to live.