Age of consent in North America

In North America, the legal age of consent relating to sexual activity outside of marriage varies by jurisdiction.

Different ages may apply if one partner is in a position of power or authority over the other, such as a teacher, manager, coach, parent or stepparent.

For instance, different ages may apply if the relationship is between partners of the same sex, or if the sexual contact is not strictly vaginal intercourse.

101][13][14] "Every person who, with or without consent, has sexual intercourse with a person who is under the age of fourteen years commits the offence of unlawful sexual intercourse and is liable on conviction on indictment to imprisonment for a term that is not less than twelve years but may extend to imprisonment for life."

Section 151 of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years.

The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship (how it developed, e.g. quickly and secretly over the Internet), the control or influence over the young person (degree of control or influence the other person had over the young person).

This passed before the 2008 amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 (16–17).

[21] In June 2019, Bill C-75 repealed Section 159, making anal intercourse subject to the same age of consent requirements as other sexual acts.

(2) A girl under the age of sixteen cannot in law give any consent which would prevent an act being an assault for the purposes of this section.

The age of consent in the Caribbean Netherlands (Bonaire, Saba and Sint Eustatius) is 16, as specified by the Criminal Code BES, Articles 251, which reads: Art 251: "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached sixteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years".

3.5-square-mile) coral atoll in the eastern Pacific Ocean, a state private property under the direct authority of the French government, administered by the Minister of Overseas France.

[27] The age of consent in Curaçao is 15, as specified by the Criminal Code of the Netherlands Antilles (which Curaçao didn't change after the dissolution of the Netherlands Antilles), Articles 251, which reads: Art 251: "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years".

[28] For children 12–14 prosecution only takes place upon a "complaint" by the minor, his parents, teacher, or the guardianship board.

[31] Approximate translation: Article 169 .- Any person who promotes, facilitates, manages, finances, instigates or organizes in any way the use of persons under eighteen years of age in sexual or erotic acts, individually or organized, publicly or privately, shall be punished with penalty of three to eight years in prison.

Similarly, anyone who knowingly authorizes the use or rents a property to perform any of the activities described in the preceding paragraph, incurs criminal liability.

Article 167 makes it illegal to "promote or facilitate the corruption of a person under eighteen (...) through various sexual acts of carnal knowledge, even if the victim consents to participate in them".

[31] Approximate translation: Article 167 .- Any person who promotes or facilitates the corruption of a person under eighteen years of age or a mentally handicapped through various sexual acts of carnal knowledge, even if the victim consents to participate in them, shall be punished with imprisonment of six to twelve years.

The sexual intercourse with parents or children, brothers, or relationship between adopter and adopted, with stepparent, when the victim is over eighteen (18) years constitutes the crime of incest, will be punished with four (4) to six (6) years of imprisonment and shall proceed under complaint by the injured party or his legal representative.

Whoever for sexual character and by force, intimidation or deceit abducts or retains a person shall be punished by imprisonment of four (4) to six (6) years.

When the victim of this crime is a person under eighteen (18) years of age, it is punishable with the penalty prescribed in the preceding paragraph increased by half (1/2).

In Nicaragua, the age of consent is 18, although, in regard to young people 16–17, the law (Article 175) is not clear cut.

Rape of children under the age of 14 Anyone who has or allows carnal access with a person aged under 14 or who, for sexual purposes, inserts or forces the victim to insert a finger, object or instrument, by way of the vagina, anus or mouth, with or without consent, shall be sentenced to imprisonment for a period of 12 to 15 years.

Whoever, using a condition of advantage, achieves sexual intercourse with a person over fourteen and under eighteen, even with consent, shall be punished with imprisonment from two to four years This does not apply if the age difference is less than 5-years and the partners are in a stable couple relationship.

No se aplicarán las sanciones señaladas en este artículo cuando entre la víctima y el agente exista una relación de pareja permanente debidamente comprobada y siempre que la diferencia de edad no supere los cinco años.

Translation: The sanctions provided in this article do not apply if there is a couple relationship duly established between the victim and the agent, and the age difference does not exceed five years.

Article 133.- Lewd Acts.- Any person who, without the intention to consummate the crime of sexual assault described in Article 130, subjects another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the accused ... shall be punished ... when the victim has not attained the age of sixteen (16) years at the time of the act.

[28] Prosecution for the violation of the above article only takes place upon a "complaint" by the minor, his parents, teacher, or the guardianship board (Art 251, 2.

Subject to section 20, a person who sexually penetrates a child commits an offence and is liable on conviction on indictment, to imprisonment for life.

On 26 June 2003, both heterosexual and homosexual sodomy became legal in all U.S. states, territories, and the District of Columbia under the U.S. Supreme Court decision Lawrence v. Texas[52] (between non-commercial, consenting adults in a private bedroom).

§ 1700–1709 Virgin Islands Code and appeals records Francis vs. VI NOTE: "mistake of fact as to the victim's age is not a defense".