What is the age of consent for sexual activity in the United States?
Executive summary
Across the United States there is no single national “age of consent”; each state and territory sets its own threshold, which generally falls between 16 and 18 years old, and most jurisdictions include close-in‑age exemptions and special rules for authority figures and certain acts [1] [2] [3]. Federal law overlays those state rules in limited contexts (for example, interstate commerce, online communications, or production of sexually explicit images), creating separate criminal prohibitions that can apply even when state law would permit the conduct [1] [4].
1. The headline: ages vary by state, typically 16–18
Most authoritative summaries report that U.S. state ages of consent cluster at 16, 17, or 18, so whether a particular sexual act is lawful depends first on the state where it occurs — there is no uniform nationwide age [2] [5] [3]. Multiple legal guides and state-by‑state maps reiterate that a handful of states set the age at 16, others at 17, and several at 18, and readers routinely err by assuming under‑18 always equals illegality across every state [1] [2] [6].
2. The nuance: “close‑in‑age” (Romeo and Juliet) exceptions are common
Thirty states and many statutes contain “close‑in‑age” or Romeo‑and‑Juliet provisions that either make consensual sex between adolescents legal or reduce penalties when the age gap is small — for example allowing sexual activity for 14‑ to 17‑year‑olds with partners who are only a few years older (often two to four years), although exact thresholds differ by state [7] [8] [6]. Federal and state summaries caution that these exceptions are technical and vary by type of sexual act, the precise ages involved, and whether one party holds a position of authority [9] [10].
3. Special rules: positions of trust, visual depictions, and different offenses
Even where a minor is above a state’s age of consent, statutes commonly impose higher limits when the older person is in a position of authority (teacher, coach, caregiver), and separate criminal provisions govern production or distribution of sexually explicit images — under federal law and in every state no one under 18 may legally consent to creation of sexually explicit visual depictions, regardless of the local age of consent [11] [4]. Legal summaries emphasize that statutes label and punish different conduct (sexual contact, intercourse, exploitation) in distinct ways, so the age question interacts with the statutory offense charged [9] [10].
4. Federal overlay: when state permission isn’t enough
Federal statutes can criminalize sexual conduct involving minors in contexts such as interstate travel, communications in interstate commerce (including online), or production of child sexual abuse material; thus a sexual encounter that state law would permit can still trigger federal charges if it falls into those categories [1] [4]. Sources warn that federal age thresholds — especially for images and for certain interstate offenses — create scenarios where compliance with state consent ages does not guarantee immunity from federal prosecution [4].
5. Practical takeaway and limits of reporting
The practical rule is: consult the specific state statute and consider exceptions — age of consent usually ranges from 16–18, close‑in‑age defenses are common, authority‑figure rules and federal statutes can alter outcomes, and the precise legal risks depend on ages, ages difference, the state, and the nature of the conduct [2] [8] [4]. This reporting synthesizes general legal summaries and state guides but does not provide jurisdiction‑specific legal advice; where certainty matters, practitioners and those at risk should consult the text of the relevant state code or an attorney because these sources summarize trends rather than reproduce every statutory nuance or recent legislative change [7] [6].