# United States Age of Consent

**URL:** <https://boards.straightdope.com/t/united-states-age-of-consent/376102>\
**Category:** Factual Questions\
**Created:** [October 11, 2006, 8:53pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102 "2006-10-11T20:53:17Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![QuantumParticle](https://avatars.discourse-cdn.com/v4/letter/q/c37758/32.png) [@QuantumParticle](https://boards.straightdope.com/u/QuantumParticle)\
**Post date:** [October 11, 2006, 8:53pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/1 "2006-10-11T20:53:17Z")

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Why do television shows and movies (placed in the US) insist that in order for an adult to have sex with a teenager, he/she must be 18 years of age or older? I thought age of consent was usually around 16 or so in the United States (except for some states). Perhaps adults over 21 can (legally) be with a teenager only over 18? I just don’t know.

I could not find an answer to this online or in the archives or in these forums.

Thanks for any responses that help me.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 11, 2006, 8:57pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/2 "2006-10-11T20:57:33Z")

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You have to look under the laws of each state. There is no one age for the country. It varies greatly from state to state.

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**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\
**Post date:** [October 11, 2006, 9:01pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/3 "2006-10-11T21:01:12Z")

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This has been done quite a few times her and I’m leaving work so no time to search thru the countless threads on this topic. But, I agree, 25 years ago that was the norm. Laws have changed a lot in individual states since then and can get quite in depth. Age of boy vs age of girl. Teenager with teenager. Adult with teenager. Adult female with teenage boy. And it’s bound to get more complex every year. It’s just pretty much safe for a TV show to say 18 is the age of consent.

BTW, I should be in prision by the laws now for normal teenage stuff we did almost 30 years ago. ☹

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**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\
**Post date:** [October 11, 2006, 9:05pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/4 "2006-10-11T21:05:50Z")

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I’m pretty sure 18 is the age limit for appearing in any sort of pornography. You’re not thinking of that, are you?

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [October 11, 2006, 9:08pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/5 "2006-10-11T21:08:30Z")

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Do any states actually have an age of consent _higher_ than 18? I

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**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\
**Post date:** [October 11, 2006, 9:15pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/6 "2006-10-11T21:15:14Z")

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[QUOTE=alphaboi867]  
Do any states actually have an age of consent _higher_ than 18? I  
[/QUOTE]

No.

In the past, I’ve cited to [www.ageofconsent.com](http://www.ageofconsent.com), which seemed to be generally accurate. For some reason that address seems broken at the moment.

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**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\
**Post date:** [October 11, 2006, 10:29pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/7 "2006-10-11T22:29:04Z")

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[QUOTE=QuantumParticle]  
Why do television shows and movies (placed in the US) insist that in order for an adult to have sex with a teenager, he/she must be 18 years of age or older?  
[/QUOTE]

Which television shows? Some are sloppy with their writing, but others go into varying degrees of detail as part of the plot.

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**Author:** ![QuantumParticle](https://avatars.discourse-cdn.com/v4/letter/q/c37758/32.png) [@QuantumParticle](https://boards.straightdope.com/u/QuantumParticle)\
**Post date:** [October 11, 2006, 11:17pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/8 "2006-10-11T23:17:06Z")

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[QUOTE=Thudlow Boink]  
I’m pretty sure 18 is the age limit for appearing in any sort of pornography. You’re not thinking of that, are you?  
[/QUOTE]

I wish. That one I know.

There is no search function in these forums…

> [@Telemark](#):
>
> Which television shows? Some are sloppy with their writing, but others go into varying degrees of detail as part of the plot.

Well, I see it often, but the reason this came to mind recently was the show House where Dr. House and this little flirty 17 year old keep referring to her 18th birthday and that House cannot touch her until she is 18.

[Avert.org](http://Avert.org) lists New Jersey’s (where House is set) age of consent as 16… so… what’s up?

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [October 11, 2006, 11:55pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/9 "2006-10-11T23:55:23Z")

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In California, where most TV shows are filmed and most writers live, the age of consent is 18.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [October 11, 2006, 11:59pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/10 "2006-10-11T23:59:43Z")

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What’s up is that the writers are doing a Lowest Common Denominator calculation: since in SOME states the AoC IS 18, and they know a large segment of the potential audience will not understand that it’s lower in other states and will write angry letters or even worse, tune out if they think they see sex with an under-18 being depicted as not-wrong, they write as if 18 were the universal.

BTW, in some jurisdictions, such as NJ, the AoC may be 16, BUT if the elder party is in a position of authority or responsibility over the minor, it goes up to 18.

I would not be surprised if some of the authors did not know there are differential ages-of-consent by state and by specific circumstance.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [October 12, 2006, 3:07am UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/11 "2006-10-12T03:07:11Z")

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> [@](#):
>
> There is no search function in these forums…

There is, but you can’t use it until you subscribe (pay). Also, if you don’t pay, you can’t post any more after a month.

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**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\
**Post date:** [October 12, 2006, 4:31am UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/12 "2006-10-12T04:31:56Z")

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I think it has a lot more to do with societal norms. A character saying "I can’t wait til she is 18 so I can tap that ass"is funny. Another one saying “I can’t wait til she is 14 so I can tap that ass” is a lot more creepy.

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**Author:** ![QuantumParticle](https://avatars.discourse-cdn.com/v4/letter/q/c37758/32.png) [@QuantumParticle](https://boards.straightdope.com/u/QuantumParticle)\
**Post date:** [October 13, 2006, 2:19pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/13 "2006-10-13T14:19:27Z")

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So… apparently… the age of consent means that if you are 16 (like in most states), you can legally have sex with 16 and 17 year olds. You cannot legally have sex with 18 year olds. If you are 18, you can only legally have sex with 18+ year olds.

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**Author:** ![charizard](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/charizard/32/4166_2.png) [@charizard](https://boards.straightdope.com/u/charizard)\
**Post date:** [October 13, 2006, 3:35pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/14 "2006-10-13T15:35:35Z")

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[QUOTE=QuantumParticle]  
So… apparently… the age of consent means that if you are 16 (like in most states), you can legally have sex with 16 and 17 year olds. You cannot legally have sex with 18 year olds. If you are 18, you can only legally have sex with 18+ year olds.  
[/QUOTE]

I can only speak for my state (Texas). The age of consent is 17, but the statutory rape law includes a 3-year window for the ages where it doesn’t apply.

So, for instance if an 18-year-old guy has a 16-year-old girlfriend, sex between them is legal. If she’s 14, though… that’s a problem.

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [October 13, 2006, 3:56pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/15 "2006-10-13T15:56:06Z")

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It’s worth noting that the Law & Orders get NYS’s age of consent of 17 right and mention it alot (especially SVU)

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**Author:** ![bordelond](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bordelond/32/150_2.png) [@bordelond](https://boards.straightdope.com/u/bordelond)\
**Post date:** [October 13, 2006, 4:14pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/16 "2006-10-13T16:14:09Z")

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[QUOTE=QuantumParticle]  
So… apparently… the age of consent means that if you are 16 (like in most states), you can legally have sex with 16 and 17 year olds. You cannot legally have sex with 18 year olds. If you are 18, you can only legally have sex with 18+ year olds.  
[/QUOTE]

No … it’s more complicated than that. The age of 18 is not usually some magic number. What can come into play when reviewing various state laws are references to age differences between the participants. **Charizard** gives a textbook example from Texas.

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**Author:** ![charizard](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/charizard/32/4166_2.png) [@charizard](https://boards.straightdope.com/u/charizard)\
**Post date:** [October 13, 2006, 4:29pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/17 "2006-10-13T16:29:57Z")

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[QUOTE=QuantumParticle]  
So… apparently… the age of consent means that if you are 16 (like in most states), you can legally have sex with 16 and 17 year olds. You cannot legally have sex with 18 year olds. If you are 18, you can only legally have sex with 18+ year olds.  
[/QUOTE]

I can only speak for my state (Texas). The age of consent is 17, but the statutory rape law includes a 3-year window for the ages where it doesn’t apply.

So, for instance if an 18-year-old guy has a 16-year-old girlfriend, sex between them is legal. If she’s 14, though… that’s a problem.

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**Author:** ![AHunter3](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ahunter3/32/368_2.png) [@AHunter3](https://boards.straightdope.com/u/AHunter3)\
**Post date:** [October 13, 2006, 4:32pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/18 "2006-10-13T16:32:40Z")

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[QUOTE=Si Amigo]  
Age of boy vs age of girl.  
[/QUOTE]

Is there any venue in the United States where the law makes such a distinction in determining age of consent and/or whether someone has violated it?

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 13, 2006, 6:23pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/19 "2006-10-13T18:23:11Z")

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[QUOTE=JRDelirious]  
What’s up is that the writers are doing a Lowest Common Denominator calculation: since in SOME states the AoC IS 18, and they know a large segment of the potential audience will not understand that it’s lower in other states and will write angry letters or even worse, tune out if they think they see sex with an under-18 being depicted as not-wrong, they write as if 18 were the universal.

BTW, in some jurisdictions, such as NJ, the AoC may be 16, BUT if the elder party is in a position of authority or responsibility over the minor, it goes up to 18.

I would not be surprised if some of the authors did not know there are differential ages-of-consent by state and by specific circumstance.  
[/QUOTE]

That is correct. If the OP is refering directly to the episode of _House_, it is set in New Jersey. AoC is 16 except, as stated, if the elder party is in a position of authority or a family member. Being someones doctor would count as being in a position of authority.

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**Author:** ![tashabot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tashabot/32/6250_2.png) [@tashabot](https://boards.straightdope.com/u/tashabot)\
**Post date:** [October 13, 2006, 6:37pm UTC](https://boards.straightdope.com/t/united-states-age-of-consent/376102/20 "2006-10-13T18:37:52Z")

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Here in Nevada the age of consent is 16, with a three-year-window, like in Texas. That means, a sixteen year old can have sex with someone up to 19 years old, and 17 year old can have sex with someone up to 20, and after 18 it’s a free for all.

However, the ages of consent for homosexual sex are 18 through state oversight, I believe, and the age of consent for marriage is weird.

~Tasha

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