Virginia’s Age of Consent: Understanding the Law & Close-in-Age Exemptions

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Understanding Consent in Virginia

This guide provides clear information about Virginia’s age of consent laws. It explains legal terms, potential penalties, and resources for help. Knowing this information is important for teens, parents, educators, and anyone who works with young people.

What is the Age of Consent?

In Virginia, the age of consent is 18. This means it is illegal for an adult (18 or older) to have sexual intercourse with someone under 18, even if the minor says it’s okay. This law is designed to protect young people.

Close-in-Age Exemptions: The “Romeo and Juliet” Law

Virginia has a “close-in-age” exemption, sometimes called the “Romeo and Juliet” law. This law allows consensual sexual activity between minors of certain ages.

  • 15, 16, and 17-year-olds: Can legally engage in sexual activity with other minors under 18.
  • 13 and 14-year-olds: Can legally engage in sexual activity with other 13 and 14-year-olds.

Important: This exemption does not apply if one person is 18 or older, even if the other person is 17. It also does not apply if one of the minors involved is younger than 13. The age gap restriction is important. Though both people may be minors, significant age gaps pose greater risk of exploitation and are thus not covered under this exemption. Relationships with substantial age gaps between those under 18 may be addressed under the “Contributing to the Delinquency of a Minor” law. For instance, a 17-year-old engaging in sexual activity with a 14-year-old would likely face these charges.

Penalties for Violations

Violating Virginia’s age of consent laws can result in serious consequences, including significant fines and jail time. Here’s a summary:

Offense Age of Minor Age of Other Person Potential Penalty
Carnal Knowledge 13-15 Adult Class 4 Felony (2-10 years imprisonment, up to $100,000 fine)
Carnal Knowledge 13-15 18+ and 3+ years older Class 6 Felony (1-5 years or up to 12 months jail, up to $2,500 fine)
Carnal Knowledge 13-15 18+ and less than a 3-year age gap Class 4 Misdemeanor (up to $250 fine)
Contributing to the Delinquency of a Minor Any 18+ Class 1 Misdemeanor (up to 12 months in jail, up to $2,500 fine)
Rape/Forcible Sodomy Under 13 Any 5 years – Life imprisonment , Up to $100,000 fine

Note: These penalties can vary depending on the specifics of each case.

Sexting and Explicit Images

Creating, possessing, or sharing sexually explicit images of a minor is illegal, even if both individuals are under 18. This can result in child pornography charges, which carry severe penalties.

Traveling Across State Lines

Taking a minor across state lines for sexual activity is a federal crime, even if the activity would be legal in the destination state. This is covered under the Mann Act and can result in severe federal penalties.

Getting Help

If you need help or have questions, resources are available. You can contact:

FAQ

  • What if someone lies about their age? Even if a minor lies about their age, an adult is still legally responsible.
  • Where can I find the official legal text? The Virginia Code (https://law.lis.virginia.gov/) contains the specific legal language related to age of consent (see § 18.2-63 and related sections).

Disclaimer

This information is for educational purposes only and is not legal advice. If you need legal advice, please consult with a qualified legal professional.

Xiao Txgenco
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