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at what age is sex legal for delaware

Resolved Question:

at what age is sex legal for delaware
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question.Delaware
The age of consent in Delaware is 18, but it is legal for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30.

Title 11 § 761. Definitions generally applicable to sexual offences. (j) A child who has not yet reached his or her sixteenth birthday is XXXXX unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances. Crimes and Criminal Procedure, Delaware Criminal Code

§ 770. Rape in the fourth degree; class C felony. (a) A person is guilty of rape in the fourth degree when the person:...2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse.
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Experience: licensed attorney in Texas for 29 years
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Expert:  RayAnswers replied 5 years ago.
Here is information on PA for you..

The age of consent in Pennsylvania is 16 years of age. Teenagers aged 13, 14 and 15 may legally engage in sexual activity with partners who are less than 4 years older.

It is very clear that there are no laws that directly criminalize any consensual non-coerced sexual conduct with any person the age of 16 or older unless certain mental issues are present (mental retardation). [14]

A person who is four or more years older than a consenting partner who is less than 16 years of age or any person that is older than 13 and has engaged in sexual activity with someone under the age of 13 may be charged with the following felony sex offenses:

§ 3122.1. Statutory sexual assault.

Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.

§ 3125 Aggravated indecent assault

(7) the complainant is less than 13 years of age; or (8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. (b) Aggravated indecent assault of a child.--A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

§ 3123 Involuntary deviate sexual intercourse

(7) who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

It is very clear that there are no laws that directly criminalize any consensual non-coerced sexual conduct with any person the age of 16 or older unless certain mental issues are present (mental retardation). [15]

However...

When the alleged victim is 16 or older and less than 18 years of age, a charge of corruption of a minor may be made.

Corruption of minors. (a) Offense defined.-- (1) Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, commits a misdemeanor of the first degree.

This charge typically is used only in plead agreements, but not in cases that actually led to a conviction. In the case cited, "coercion by authority" was in play, this was offered to avoid a rape charge. This insinuates that the commonwealth believes that premarital sex is a corruption of morals

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