Ages of consent in North America - Wikipedia

Categories you should follow

legal dating ages in indiana

Archived from the original on 1 December The age of consent in Indiana is For repeat offenders, the minimum 10 years and the maximum is life imprisonment. As of there are no plans to repeal section , even though it has been ruled unconstitutional in some Canadian provinces. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances. Consequently, if an act is not punishable under any federal law such as 18 U. In the remaining 39 states, other factors come into play:

Do age of consent laws work?

The age of consent in Alabama is If the conduct is only fondly or sexual touching, it's a Level 5 felony. Citizens and Residents who travel outside of the United States. Article then states that: The age of consent in Saint Lucia is North Carolina General Statutes Chapter However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age.

However, Indiana has a " Romeo and Juliet law " that permits 14 and 15 year olds to engage in non-forced sexual activity with peers who are no more than 4 years older than themselves. Indiana Code Title 35, Article 42, Chapter 4: It's illegal to rape or have oral, anal, or vaginal sex or penetrate the genitals or anus of another with an object by force, threat of force, or while the person was incapacitated due to mental disability or unconsciousness.

Rape is a Level 3 felony, unless aggravating factors are present, namely the use of deadly force or weapon, causing serious bodily injury, or using date rape drugs. Aggravated rape is a Level 1 felony. Also, sexual battery or touching another person to sexually arouse yourself or the victim by force, threat of force, or when the person is mentally disabled so consent for the touching can't be given.

Sexual battery is also touching a person's genitals, buttocks, or female breasts when the person is unaware the touching occurred. Aggravating factors for sexual battery are the same for rape. Sexual battery is a level 6 felony or a Level 4 felony if aggravated.

For prohibited sexual contact with 14 or 15 year olds, Indiana has a sexual misconduct with a minor law:. If the victim is under 14, the crime of sex or sexual conduct is called child molestation , a Level 3 felony. It becomes a Level 1 felony with the same aggravating factors as rape or if the defendant is 21 years or older even if supposedly consensual. If a person fondles or sexually touches a child under 14, it's a Level 4 felony, raised to Level 2 for aggravating circumstances.

A person can be convicted of attempted child molestation, if he or she believed the child to be under 14 at the time, even if the child wasn't. Some people or websites may still refer to the old A-D system. Innocence, insanity, and other defenses can apply to rape.

Consent can be a defense to sex crimes, if the person involved was over the age of consent, was conscious, and wanted the sexual contact, for example. However, consent is only a defense to some, limited statutory rape cases where the child and young adult are around the same age. Similarly, some individuals with intellectual disabilities can't consent as well.

For child molesting and sexual misconduct with a child, Indiana law permits the defense that the accused reasonably believed the child was at least 16 at the time of the sexual activity as long as not committed through force or by using weapons or date rape drugs. In Mexico , criminal legislation is shared between the federal and state governments. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 sex with someone is not illegal per se , but can still be open to prosecution under certain circumstances.

Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age. At state level, the minimum ages of consent vary between 12 and puberty in a few states and 15, while the age at which there are no restrictions for consensual sexual activities vary from 16 to 18 most common Estupro is a crime existing across Mexico, as well as in other Latin American jurisdictions.

For instance the law of Aguascalientes reads: Traditionally, estupro applied only to acts committed with a girl, and required "chastity" or "honesty" of the girl. The vast majority of Mexican states have modernized their laws by removing the requirement of "chastity" or "honesty" and by making the laws gender neutral.

However, traditional laws still exist in some states: Some states have removed the requirement of "chastity" or "honesty", but continue to define estupro as applicable only to girls. For instance, in Campeche the law states: The exact type of coercion that must be used varies by state, for example the Federal Law only makes reference to "deceit", omitting "seduction" it reads: If the offender uses moral or physical violence, an extra half term is added to the initial time.

Article refers to the previous article , which covers the rape of adults in general and establishes a term of 8 to 14 years in prison for sex obtained through physical or moral violence.

Article then states that: The 3rd Clause of this article punishes with the same penalties also "the vaginal or anal introduction of objects, without violence and with lascivious goals", in a person under 12 or in a person that has no capacity of understanding the meaning of the fact, or for any reason cannot resist. If any of the aforementioned acts is performed with physical or moral violence, the sentence is raised in up to a half.

A further article, Bis, determines an extra penalty of up to a half under certain circumstances — a when there are multiple offenders; b when the offense is committed by a parent, legal guardian, stepfather or "companion" amasio of the mother; c when there is an abuse of authority of someone as a civil servant ; d when the crime is committed by a person who has the minor under his or her custody , guard or education, or yet through the abuse of trust.

There is another crime in Article for consented sex with adolescents aged 12 to 18, when consent is obtained through deceit. The penalty is 3 months to 4 years in prison. Article prohibits the "corruption" of a minor under All Mexican states as well as Mexico City have corruption of minors statutes that can, upon complaint of the family or minor , be used to punish sexual relations with persons under eighteen.

Although actual prosecutions for violations of Corruption of Minors statutes and age of consent statutes in general tend to be sporadic, regional, and very situation dependent, many Mexican states nonetheless classify Corruption of Minors as a "Delito Grave" Grave Crime in their penal codes. Additionally, all the states have "Estupro" laws that can, upon complaint of the family or minor , be used to prosecute adults who engage in sexual intercourse with minors by seduction or deceit the exact definitions of this crime vary by state, see section estupro , above.

In some Mexican jurisdictions prosecutors have chosen to prosecute consensual sexual activity involving adults and underage minors only upon complaint by the minor, or a custodial complaint. The age of consent in the Federal District Mexico City is 12, one of the lowest in the world, and the overall criminal legislation of Mexico's capital is close to that of the federal law regarding this subject, although tougher in some aspects — higher penalties and broader definitions.

Article of the Federal District Criminal Code refers to the previous Article , which stipulates a term of 6 to 17 years of prison for the rape of adults, while defining copulation as "the introduction of the penis in the human body through the vagina, anus or mouth".

Article covers " sexual abuse " and punishes other acts referred as "unintentional" acts —"who without purpose of reaching copulation, performs a sexual act with a person under 12 or a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist it, or that demands that such act is observed or performed, will be punished with 2 to 7 years in prison".

In both Articles and , there is an extra half term in case of physical or moral violence. And according to Article , there is also a punishment of an extra two thirds of the term under the same circumstances foreseen in Article Bis of the Federal Law see above , added by two new circumstances — clause V when the victim is inside a private vehicle or a public service vehicle ; and clause VI when the crime is committed in a desert or isolated place.

There is a crime called estupro stipulated in Article , which refers to consented sex with adolescents aged 12 to 18, when consent is obtained through any means of deceit. The penalty is 6 months to 4 years of prison. This crime needs a complaint querella to be prosecuted. There is a Corruption of Minors statute Article that can be used to punish by imprisonment, for seven to twelve years, adults who engage in sexual relations with persons under eighteen. This situation exists all over Mexico, and can be prosecuted upon complaint of victim or the victim's family.

The age of consent in Montserrat is In Nicaragua , the age of consent is 18, although, in regard to young people , the law Article is not clear cut. Anyone who is married or in a stable de facto union or who is of age and who, without violence or intimidation , has or allows carnal access with a person aged between 14 and 16 shall be sentenced to imprisonment for a period of two to four years.

Anyone who induces, provides, promotes or uses persons aged under 16 or a disabled person for sexual or erotic purposes , forcing them to witness or participate in an act or show in public or in private, even if the victim consents to witness or participate in such an act, shall be sentenced to imprisonment for a period of five to seven years, or four to six years if the victim is aged between 16 and Anyone who has or allows carnal access with a person aged under 14 or who, for sexual purposes, inserts or forces the victim to insert a finger, object or instrument, by way of the vagina, anus or mouth, with or without consent , shall be sentenced to imprisonment for a period of 12 to 15 years.

Anyone who engages in lewd acts with or improper touching of another person, without their consent, In no circumstances shall the victim be considered to have given consent if the victim is under the age of 14 or has a mental disability or illness. In Panama , the age of consent is in general 18, although sexual conduct with children aged 14 to 18 is not always illegal. Whoever, using a condition of advantage, achieves sexual intercourse with a person over fourteen and under eighteen , even with consent, shall be punished with imprisonment from two to four years.

This does not apply if the age difference is less than 5-years and the partners are in a stable couple relationship. The sanctions provided in this article do not apply if there is a couple relationship duly established between the victim and the agent, and the age difference does not exceed five years.

The age of consent in Puerto Rico is There is a 4-year close-in-age exception subject to a minimum age of The age of consent in Saint Kitts and Nevis is The age of consent in Saint Lucia is The age of consent in Saint Vincent and the Grenadines is The age of consent in Sint Maarten is 15, as specified by the Criminal Code of the Netherlands Antilles which Sint Maarten did not change after the dissolution of the Netherlands Antilles , Articles , which reads:.

Prosecution for the violation of the above article only takes place upon a "complaint" by the minor, his parents, teacher, or the guardianship board Art , 2. The age of consent in Trinidad and Tobago is 18, as per the Children Act, Subject to section 20, a person who sexually penetrates a child commits an offence and is liable on conviction on indictment, to imprisonment for life.

In the United States , the age of consent laws are made at the state, territorial , and federal district levels. There exist several federal statutes related to protecting minors from sexual predators, but none of them imposes an age limit on sexual acts. On 26 June , both heterosexual and homosexual sodomy became legal in all U. Supreme Court decision Lawrence v. Texas [49] between non-commercial, consenting adults in a private bedroom. Limon , the Kansas Supreme Court used Lawrence as a precedent to overturn the state's "Romeo and Juliet" law, which proscribed lesser penalties for heterosexuals than homosexuals convicted of similar age of consent related offenses.

Currently state laws set the age of consent at 16, 17, or The most common age is The age of consent is There is however a close-in-age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over.

Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under Sexual acts with minors are aggravated by the use of force, intimidation, or the perpetrator's position of authority, and by the fact that the minor, being under 16 and not the perpetrator's spouse, is residing in the same household as the perpetrator.

Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court. A person who engages in sexual contact with a person not the perpetrator's spouse—..

A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year Paraphrasing Virgin Islands Code: From Wikipedia, the free encyclopedia. It has been suggested that Ages of consent in South America be merged into this article. Discuss Proposed since March Age of consent reform in Canada. Ages of consent in the United States.

North America portal Sexuality portal Law portal. Archived PDF from the original on 3 March Retrieved 11 February Retrieved 16 February Archived from the original on 31 March Retrieved 10 August Retrieved 25 April Archived from the original on 11 October Archived from the original PDF on 29 February Retrieved 20 August Archived from the original on 11 March The Law - SACC provides emergency nurse, medical care, information thoughts feelings collect physical evidence help legal".

C , Section , Subsection 1 ". Department of Justice Canada. Archived from the original PDF on 23 March Government of the Netherlands. Archived from the original on 24 July Retrieved 24 April Retrieved 23 March Archived from the original PDF on Archived from the original on 11 January

Imsges: legal dating ages in indiana

legal dating ages in indiana

State of Georgia occurred in and caused lawmakers to think the statute should have a close-in-age exception. This crime needs a complaint querella to be prosecuted. Homosexuality was legalized in , but "public homosexuality" is an offense that carries a year jail term without parole.

legal dating ages in indiana

McNallie , Wn. A further article, Bis, determines an extra penalty of up to a half under certain circumstances — a when there are multiple offenders; b when the offense is committed by a parent, legal guardian, stepfather or "companion" amasio of the mother; c when there is an abuse of authority of someone as a civil servant ; d when the crime is committed by a person who has the minor under his or her custody , guard or education, or yet through the abuse of trust.

legal dating ages in indiana

The age of consent is Archived from the original on 31 July Under Pennsylvania law, a defendant is strictly liable for the offense nymphenburg marks dating rape, a felony of daitng first degree, when the complainant is 12 or younger. Retrieved 28 July However, the offense legal dating ages in indiana Where an accused is charged with an offence under s.