What is the Pennslvania Age of Consent?
The current statutory age of consent in Pennsylvania is 16. To be more precise, Section 3121 of the Pennsylvania Statutes states that:
(a) Offense defined.—Except as provided in section (b) (relating to prohibited acts)) a person commits an offense if the person engages in sexual inter course with another person.
(1) Who is less than 13 years of age; or
(2) Who is of a correctional, juvenile or institutionalized setting, whether public or private, including a contract facility, who is less than 18 years of age and with whom the actor comes into contact.
NOTE: Section 3121 also defines certain offenses for other specific ages , such as 13 rather than 16, and 18 rather than lower. However, this is not the case in all situations.
This statute of consent used to be 14, then 16 but now 16 is the correct age of consent in Pennsylvania under this statute. In Pennsylvania, there has been some progressive changes in the age of consent laws. The reason this is so noteworthy, is that the age of consent is often not something most people have any reason to consider as something they need to know for any normal reason. For this reason, many people rely upon the common belief that the age is 18, but that is sadly and simply inaccurate.
Close-in-Age Exemptions and Exceptions
Pennsylvania recognizes several limited exceptions to the age of consent. One exception is for minors who are legally married to each other. Under 23 Pa.C.S.A. § 3103(b)(1), "consent may be given under [the minor age of consent statutes] to the marriage of minors who are 15 or more years of age who have successfully completed a marriage preparatory program provided by an approved marriage counseling service."
Another exception exists for a victim of sexual assault or rape who is 16 years old or older and who decides to go to court and prosecute the offender. If that happens, under 18 Pa.C.S.A. § 3131(b.1), the court may reduce the minimum age of a minor upon whom the offense is committed to the minimum age of 14 years.
In addition, under 18 Pa.C.S.A. § 3127.1, a person who is 18 years of age or older who engages in sexual activity with someone who is 13, 14, or 15 years old is not breaking any law if that person is less than four years older than the younger person and cannot be prosecuted if that person has been arrested. However, the statute says that there won’t be close-in-age exemptions if the person is a caretaker of the victim or if he or she is the victim’s parent, guardian, or custodian. Also, those close-in-age exemptions don’t apply if the alleged offense involves sexual assault, aggravated sexual assault, or statutory sexual assault against multiple victims.
It’s important to note that the law contains many exceptions and variations, but the legal impression that the meaning of this law leaves is that the age of consent in PA is 16. These unique circumstances and exceptions are often discussed at length by our attorneys during the initial consultation.
Penalties for Violating the Consent Laws
In addition to the emotional toll of being charged with a sex crime, whether or not you are actually guilty, there are a number of legal consequences that you could face. Sexual contact with a person of the age of consent is legal, while contact with someone below the age of consent is illegal, with a number of exceptions and reduced consequences.
If you are charged with a sex crime involving someone under the age of consent, the potential statutory penalties are fairly significant. For example, if sex with someone under the age of 13 is second degree felony and carries a range of penalties, including up to 10 years in prison and $25,000 in fines.
Furthermore, in the case of a second offense, the severity of the crime increases. If you are charged with an indecent assault of a child under the age of 13, and you have previously done so, as opposed to a younger adult, it is a first degree misdemeanor, and a minimum of 60 years in prison for a second offense.
If you are charged with a felony level offense (such as a second degree felony listed above), you could be facing up to 15 years in prison, a $30,000 fine, or both. If you have additional charges against you, or if the charges you are facing carry additional statutory penalties, such as those listed below, the potential impact possibly carries even greater penalties: On top of these possible additional penalties, sex crimes in general carry relatively stiff maximum sentences. It is not uncommon to see first degree felony convictions return sentences of 25 years or more, and sex crimes involving children tend to carry even stiffer sentences and harsher penalties.
Impact of the Consent Laws on Teen Relationships
The impact of these laws on the dating lives of teens cannot be ignored. Organizations such as the Pennsylvania Coalition Against Rape, along with sexual assault advocacy groups, have noted that the existence of such laws creates a social stigma that can keep survivor victims of sexual abuse in silence. This silence is compounded, say experts, by the fact that many sexually active teenagers are themselves unclear on the legal meaning of age of consent and how it relates to their own situation.
Specifically, legal experts and youth development agencies suggest that teenagers should be made aware that "consent" in a sexual situation is not just a yes or no question but a multi-faceted conversation, sometimes on-the-fly, with one or both parties. If even one of the involved partners is under 16 years of age , the question of consent can be blurred by factors such as the emotional maturity of those involved, their attitude towards sexual situations and the strength of the emotional bond between them. All of these factors have the potential to affect the results of a consent conversation. This is why many youth development advocates suggest that such conversations occur before sexual situations enter the picture.
For parents of teens, this means that they need to start talking about permission, consent and sexual relationships with their children at an early age. They should address the signs of sexual abuse and exploitation, as well as answer any questions their children may have. Successful education on the topic requires a careful balance — neither too much information, which could lead to alarm, nor too little information, which could lead to confusion.
Consent Laws and Same Sex Couples
As the law regarding same-sex couples continues to develop, many people are concerned about how the age of consent laws may affect consensual sexual conduct. The Pennsylvania crime codes define three distinct crimes regarding sexual consent for minors. 18 Pa.C.S §6301, Corruption of Minors, addresses adults engaging in sexual conduct with minors in a manner that is generally harmful to the minors. 18 Pa.C.S §3122.1 is the general aggravated sexual assault statute for those over the age of 13, and 18 Pa.C.S §3126 is the indecent assault statute for those over the age of 11.
As with most criminal statutes, when there is a question of correct interpretation, Pennsylvania courts look to the rules of statutory construction to determine the meaning of the words in the statutes. As far back as 1995, Pennsylvania courts determined from the wording in the statutes that there is no difference in interpretation regardless of whether it is opposite-sex or same-sex conduct.
Commonwealth v. Kyle S., 654 A.2d 71 (Pa. Super. 1995) addressed an instance where a teacher had sexual relations with a student in tenth grade. Although the student was male, the court found that the intent of the legislature found in the wording of the statutes did not make any distinction between opposite-sex relationships and same-sex relationship with regard to statutory rape crimes. The legislature’s intention was "to protect minors from sexual exploitation. This intention is amply served by an interpretation that forbids sexual exploitation of either male or female minors." Thus, while the terminology is clearly gender specific, it has been held that if the conduct fits within the wording of the statute, it is not relevant to the issue of whether the victim was male or female when determining whether a criminal statute concerning the age of consent has been violated.
Mealey’s Litigation Report: Civil Rights reported on the same-sex relationships in the context of civil rights protections. The article reported "the current state of the law is that states are free to exempt sexual orientation from their sexual orientation non-discrimination laws so long as they recognize sexual orientation in other contexts — in employment, public accommodations and housing, for example." The article goes further and provides that "courts in several jurisdictions have recognized that the state has a ‘compelling interest’ in banning certain types of sexual behavior or protecting minors from sexual abuse, whatever the sexual orientation of the perpetrator."
Legal Help and Resources
For those individuals who seek legal assistance or more information regarding sexual consent laws in Pennsylvania, there are several resources available. Your first step should be to consult with a qualified attorney who specializes in criminal defense or sexual assault cases. They can provide valuable advice on the nuances of consent laws within the state, as well as how the law may be applied to your individual situation.
Online resources are also available, such as Women Against Rape, Inc., which is a private nonprofit organization that provides free services to the community. The organization offers both medical and legal advocates who can explain the consequences of different charges and guide you through the judicial process. You can reach them at (215) 564-6623 or (866) 810-5535 .
Another helpful online resource is RAINN (Rape, Abuse & Incest National Network), the nation’s largest anti-sexual assault organization. The network helps individuals access support services and local resources through its online hotline and constituent services team. Additional information can be found at rainn.org.
The Pennsylvania Coalition Against Rape (PCAR) is another great local resource. They work to address issues related to sexual violence and to bring together sexual assault centers throughout Pennsylvania. You can find them online at pcar.org.
Finally, the Pennsylvania State Police operate a Sex Offender Registry that provides individuals with access to the names, addresses, and other relevant information regarding registered sex offenders in the state. With the proper guidance and resources available, individuals can better understand these sensitive issues and how the law applies to them.