Close-in-Age Exemptions by State

Yes — within 2 years

Yes — a 3-year age difference is required for liability where the minor is 13–15

Yes — within 2 years if 15-17

Limited — 3-year defense only under 14

No formal exemption

Yes — within 4 years (under 15) / 10 years (15-16)

Yes — 13–15 with actor less than 3 years older

4-year defense applies to ages 12–15, not 16–17

Yes — 16-17 with partner under 24

Yes — misdemeanor if within 4 years

Yes — 14–15 with actor less than 5 years older

Yes — 16–17 with actor less than 3 years older

Yes — 13–16 with actor less than 5 years older (misdemeanor)

Yes — gap of 4 years or less, plus an ongoing relationship requirement

Yes — 4-year gap, but only one of four triggering circumstances

Yes — victim 14–15, offender under 19, gap under 4 years

Limited — offender-age floors, not a gap rule

Yes — graduated: ≤2 years no offense, >2–<4 misdemeanor, ≥4 felony

Yes — 14–15, actor must be 18+ AND 5+ years older to offend

Yes — 14–15 under 4 years; 4+ years is a misdemeanor until the actor turns 21

No formal exemption

Registry relief only — victim 13–15, offender not more than 4 years older

Yes — tiered in months: 36 (under 14), 24 (14–15), 48 (16–17 with authority)

Yes — 14–15: actor 18+ and 36+ months older; under 14: actor 17+ and 24+ months

Two frameworks — statutory rape needs an actor 21+; molestation uses a 4-year gap

Gaps sit in the penalties (3 yrs contact / 4 yrs penetration), plus a mistake-of-age defense

Actor-age floor of 19, not a gap rule

Not a gap rule — two floors keyed to the actor's own age, 18 and 21

5 years for contact with a 13–15-year-old; no gap at all for penetration

Yes — 13–15 with actor less than 4 years older; 16–17 governed by relationship

Two stacked requirements — actor 18+ AND at least 4 years older

No formal exemption

Yes — within 4 years

Not a gap rule — a misdemeanor tier where the adult is under 22 and the minor is 15–17

Yes — within 4 years (13-15)

Limited

Yes — an affirmative defense where the actor is less than 3 years older

Yes — under 16 with actor less than 4 years older; graded at 4 and 11 years

Actor-age floor of over 18, not a gap rule

None — graded by the victim's age band, not by an age gap

Yes — 13–15 with perpetrator less than 3 years older

Yes — 13–17 with defendant less than 4 years older; then graded at 5 and 10 years

Yes — 3-year affirmative defense, victim 14+, actor not already a registrant

16–17: an offense only where the actor is more than 10 years older; 14–15 uses an actor floor of 18

Not a gap rule — actor under 19, child at least 15, conduct consensual

Misdemeanor for ages 15–17 regardless of gap; 3-year rule applies only between minors at 13–14

Yes — within 2-3 years (tiered)

Under 4 years (under 16), actor 16+ — but § 61-8D-5 overrides it in most real cases

None — no close-in-age exemption of any kind

13–15: actor must be 17+ AND 4+ years older; 16–17 needs a position of authority