Every state in the United States has laws which dictate at what age individuals are legally able to consent to sexual relations. These laws are referred to as the age of consent laws.
An individual who engages in sexual conduct with another individual who is below the age of consent is guilty of statutory rape. This is due to the fact that, pursuant to the age of consent laws, the defendant in these types of cases engaged in sexual relations with an individual who was unable to consent to the act which occurred.
Additionally, because the offense of rape is defined as sexual conduct without consent, the defendant is guilty of a type of rape. Federal laws make it a criminal offense for an individual to engage in sexual acts with other individuals who are between the ages of 12 and 16 if the other party is at least 4 years younger.
Each state, however, approaches the issue differently, as the age of consent laws range from 10 to 18 years of age. In some states, including California and New York, set an age at which all sexual intercourse is considered statutory rape.
Other states handle the issue in a different manner and consider the relative ages of both individuals. For example, in Texas, the age of consent is determined by the difference in age of the individuals involved and is limited by a minimum age.
Are There Age of Consent Differences Between Males and Females?
In many states, the age of consent may be different for males and females. In some states, there may be exceptions to the age of consent laws if the parties who are involved are close in age, usually having a 2 year or 3 year age difference.
In the majority of states, the punishment imposed on a defendant for engaging in this type of conduct will be more severe if one of the parties is significantly older than the other. On the other hand, if both of the parties are older than the age of consent, any age difference between them is not relevant.
Certain states distinguish between sexual conduct which occurs between males and females and sexual conduct which occurs between two males and two females. In numerous states, homosexual conduct was illegal until recent years regardless of the age of the individuals involved.
In other states, the age of consent for this type of sexual conduct is older but the conduct itself is not illegal altogether.
Is There an Age of Consent for Homosexual Conduct?
Recently, the United States Supreme Court held that laws which prohibit private, consensual, sexual conduct, including homosexual conduct, between adults is unconstitutional and is not enforceable by any state. In certain states, however, these laws are still on the books.
Due to these issues, it may be unclear exactly what the age of consent is for homosexual acts is in certain states. It is most likely that state courts, assuming that they did not attempt to enforce laws which are unconstitutional, would default to the age of consent for heterosexual conduct in that state.
This, however, is not for certain.
What are the Ages of Consent by State?
As previously noted, the age of consent varies by state. The chart below provides the ages of consent for each state as well as any acceptable differences between those ages.
| State |
Age of Consent |
Acceptable Differences Between Ages |
| Alabama |
16 |
2 |
| Alaska |
16 |
3 |
| Arizona |
18 |
2 |
| Arkansas |
16 |
3 |
| California |
18 |
0 |
| Colorado |
17 |
4 |
| Connecticut |
16 |
2 |
| Delaware |
18 |
0 |
| Florida |
18 |
0 |
| Georgia |
16 |
0 |
| Hawaii |
16 |
5 |
| Idaho |
18 |
0 |
| Illinois |
17 |
0 |
| Indiana |
16 |
0 |
| Iowa |
16 |
4 |
| Kansas |
16 |
0 |
| Kentucky |
16 |
0 |
| Louisiana |
17 |
3 |
| Maine |
16 |
5 |
| Maryland |
16 |
4 |
| Massachusetts |
16 |
0 |
| Michigan |
16 |
0 |
| Minnesota |
16 |
2 |
| Mississippi |
16 |
2 |
| Missouri |
17 |
0 |
| Montana |
16 |
0 |
| Nebraska |
16 |
0 |
| Nevada |
16 |
0 |
| New Hampshire |
16 |
0 |
| New Jersey |
16 |
4 |
| New Mexico |
16 |
4 |
| New York |
17 |
0 |
| North Carolina |
16 |
4 |
| North Dakota |
18 |
0 |
| Ohio |
16 |
0 |
| Oklahoma |
16 |
0 |
| Oregon |
18 |
3 |
| Pennsylvania |
16 |
4 |
| Rhode Island |
16 |
0 |
| South Carolina |
16 |
0 |
| South Dakota |
16 |
3 |
| Tennessee |
18 |
4 |
| Texas |
17 |
3 |
| Utah |
18 |
10 |
| Vermont |
16 |
0 |
| Virginia |
18 |
0 |
| Washington |
16 |
2 |
| West Virginia |
16 |
4 |
| Wisconsin |
18 |
0 |
| Wyoming |
16 |
4 |
What is the Age of Consent for Sex in Tennessee?
The age of consent in Tennessee is 18. This is the age at which an individual is able to consent to sexual conduct with another adult, as noted above.
If both of the parties are over the age of 18, any age differences between them are irrelevant. If, however, one of the parties is under the age of 18, Tennessee classifies that sexual conduct as statutory rape due to the fact that the party who is under 18 is considered incapable of providing consent.
What about Other Kinds of Sexual Acts?
The age of consent laws in Tennessee currently only apply to heterosexual conduct. There are laws on the books in Tennessee which make heterosexual conduct, regardless of the ages of the individuals involved, illegal.
As noted above, the Supreme Court has declared these types of laws, as applied to consenting adults in a private setting, unconstitutional. Because it is unconstitutional to ban homosexual conduct, it is not clear exactly what the age of consent for homosexual conduct is in the State of Tennessee due to the fact that the state has not yet modified its age of consent law.
In addition, because of these issues, it is unclear if any type of homosexual conduct qualifies as statutory rape or sodomy.
If My Partner and I are Both Minors, are We Both Guilty of Statutory Rape?
Similar to numerous other states, Tennessee does make certain exceptions to its age of consent laws when the parties are within a certain age range and are close to the same age. Generally, an individual who is over the age of 13 is able to legally consent to sexual conduct with another individual who is less than 4 years older.
What Can Happen to Me if I Am Accused of Sleeping with a Minor?
In Tennessee, the offense of statutory rape is committed when an offender has sexual relations with another individual who is between the ages of 13 and 18 and the offender is at least 4 years older than the other party. In Tennessee, statutory rape is classified as a Class E felony.
The punishment for statutory rape in Tennessee may range from 1 to 6 years in prison and criminal fines of up to $3,000. If there is a more significant age difference between the offender and the minor, the punishments may become more severe and the offense may be classified as a Class D felony.
The punishment for a Class D felony in Tennessee may range from 2 to 12 years in prison as well as criminal fines up to $5,000.
Do I Need a Lawyer?
Because of the serious consequences of a rape conviction, it is in your best interests to consult with a Tennessee criminal lawyer if you have been accused of any variation of this offense. Your criminal defense lawyer can help you determine what defenses may be available to you.
This is important because, in these types of cases, consent is not an available defense as it may be in other types of rape cases. Your attorney can also negotiate to obtain a lower sentence if you determine that pleading guilty is the best strategy.
