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18 Pa. Cons. Stat., Section 3122 defines rape
of a child as sex with a person under the age of 13 years old. 18 Pa. Cons. Stat., Section 3122.1 provides that it is felony sexual assault to engage in sexual conduct with a person under the age of 16, if the person is at least four years older than the minor. So, effectively, 16 is the age of consent with someone of the same age (it's called a "Romeo and Juliet statute"), but 18 is the age of consent where there is a significant age difference between the two.
Legally, a "child" is considered to be anyone under the age of 18. Here's what the statute says:
(1) The term "child abuse" shall mean any of the following:
(i) Any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age.
(ii) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iii) Any recent act, failure to act or series of such acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, which endangers a child's life or development or impairs the child's functioning.
(2) No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child's welfare, such as inadequate housing, furnishings, income, clothing and medical care.
(3) If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of seriously held religious beliefs of the child's parents, guardian or person responsible for the child's welfare, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child's life or long-term health. In cases involving religious circumstances, all correspondence with a subject of the report and the records of the Department of Public Welfare and the county agency shall not reference "child abuse" and shall acknowledge the religious basis for the child's condition, and the family shall be referred for general protective services, if appropriate.
23 Pa. Cons. Stat., Section 6303. So, a sixteen or seventeen year old that is legally capable of consenting to intercourse (with someone within four years of her age) could still be a victim of child abuse.
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