Consent laws in the United States are constantly changing and highly variable across states. Here’s everything you need to know about consent laws by state in 2022.

What is consent?

Consent is an agreement or permission expressed through voluntary and affirmative words or actions understandable to all parties involved. Individuals can:

  • Withdraw consent at any time,
  • Not coerced or compel consent through force, threat, deception, or intimidation,
  • Not give consent if incapacitated,
  • Not assume consent based on silence, the absence of negation, the existence of a relationship, or prior sexual activity.

Related: Texas Consent Laws: Updated 2022

How do States Define Incapacitation?

An individual is incapacitated if they are unable to understand the facts, nature, extent, or implications of the situation. An incapacitated individual may not give consent.

Causes of incapacitation include:

  • Drugs,
  • Alcohol,
  • Mental disability,
  • Being asleep or unconscious, and
  • The age of the individual.

Age of Consent

The age of consent is the age at which an individual’s consent becomes legally valid. In the United States, each state determines the age of consent. As a result, the age of consent is highly variable across states. An individual who is younger than their residing state’s age of consent is unable to give consent to sexual activities. State law may charge individuals who engage in sexual activities with another person under the age of consent with statutory rape.

Close-in-Age Exceptions

Close-in-age exceptions, also called Romeo and Juliet Laws, are exceptions to statutory rape laws. In states with a close-in-age exception, individuals under the age of consent may legally consent to sexual activity if the age differential between the two individuals is within an acceptable age range. Not all states have close-in-age exceptions in the state’s consent law. The states with close-in-age exceptions may define the acceptable age differential differently. In states with no close-in-age exception, all sexual activities performed under the age of consent are subject to statutory rape charges.

Related: New York Consent Laws: Updated 2022

Consent Laws by State

State Age of Consent Acceptable Age Differential
Alabama  16 2
Alaska 16 3
Arizona 18 2 (defendant must attend high school and <19)
Arkansas 16 3 (if victim is <14)
California 18 n/a
Colorado 17 4 (if victim is <15), 10 (if victim is <17)
Connecticut 16 2
Delaware 18 n/a
District of Columbia 16 4
Florida 18 n/a
Georgia 16 n/a
Hawaii 16 5
Idaho 18 n/a
Illinois 17 n/a
Indiana 16 n/a
Iowa 16 4
Kansas 16 n/a
Kentucky 16 n/a
Louisiana 17 3 (if victim is <15), 2 (if victim is <17)
Maine 16 5
Maryland 16 4
Massachusetts 16 n/a
Michigan 16 n/a
Minnesota 16 3 (if victim is <13), 2 (if victim is <16)
Mississippi 16 2 (if victim is <14), 3 (if victim is <16)
Missouri 17 n/a
Montana 16 n/a
Nebraska 16 n/a
Nevada 16 n/a
New Hampshire 16 n/a
New Jersey 16 4
New Mexico 16 4
New York 17 n/a
North Carolina 16 4
North Dakota 18 n/a
Ohio 16 n/a
Oklahoma 16 n/a
Oregon 18 3
Pennsylvania 16 4
Rhode Island 16 n/a
South Carolina 16 Illegal if the victim is 14-16 and the defendant is older than the victim
South Dakota 16 3
Tennessee 18 4
Texas 17 3
Utah 18 10
Vermont 16 n/a
Virginia 18 n/a
Washington 16 2 (if victim is <12), 3 (if victim is <14), 4 (if victim is <16)
West Virginia 16 4
Wisconsin 18 n/a
Wyoming 16 4

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