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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