Age of Consent Virginia

Virginia does not state a single age of consent in one line of its code. Several sections attach different consequences at ages 13, 15, and 18, and the age of both people involved can change how conduct is charged. Va. Code § 18.2-61 defines rape and includes sexual intercourse with a child under age 13. Va. Code § 18.2-63 covers carnal knowledge of a child 13 or older but under 15 without force. Va. Code § 18.2-371 reaches a person 18 or older who engages in listed consensual sexual acts with a child 15 or older who is not that person’s spouse, child, or grandchild. Va. Code § 18.2-370 addresses taking indecent liberties with a child under 15. Reading any one of these sections by itself gives an incomplete answer, because conduct that sounds lawful when described in the abstract may still be charged once the ages and the relationship of the parties are known. If you have questions about how these statutes apply to a specific situation, call Law Offices Of SRIS, P.C. at (888) 437-7747.

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The Ages Virginia’s Statutes Actually Use

Four sections carry most of the weight, and each draws its line at a different age.

Va. Code § 18.2-61 defines rape, and it includes sexual intercourse with a child under age 13. Agreement by the child is not part of that definition.

Va. Code § 18.2-63 addresses carnal knowledge of a child 13 or older but under 15 without force. Under subsection A, the offense is a Class 4 felony. Subsection C defines carnal knowledge to include intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration. A reader who assumes the section reaches only intercourse is reading it too narrowly.

Va. Code § 18.2-370 addresses taking indecent liberties with children and applies where the child is under 15. It is a Class 5 felony.

Va. Code § 18.2-371 reaches any person 18 or older who engages in consensual sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus with a child 15 or older who is not his spouse, child, or grandchild. That offense is a Class 1 misdemeanor.

Placed side by side, these sections create tiers rather than one threshold. The age of the younger person moves conduct from one section to another, and the section that applies is what determines whether an allegation is charged as a felony or a misdemeanor.

Why the Age of Both People Can Change the Charge

Age of consent questions usually focus on the younger person. Virginia’s statutes also look at the older one.

Va. Code § 18.2-371 applies by its terms to a person 18 or older. The section is written around that status, so the age of the person accused is part of the offense itself rather than a side issue.

Va. Code § 18.2-63 goes further. Subsection B provides that where the accused is a minor and the consenting child is three or more years his junior, the offense is a Class 6 felony, and where the child is less than three years his junior, it is a Class 4 misdemeanor. That subsection changes the class of the offense based on the ages of both people. It does not make the conduct lawful, and it is not a general close-in-age exemption.

Relationship can matter as well. Va. Code § 18.2-371 excludes a spouse, child, or grandchild from its reach, so the connection between the two people is part of the analysis and not merely background.

The practical consequence is direct. Conduct that seems permissible when discussed in general terms may still be charged once the actual ages and the actual relationship are known, and the same facts can implicate more than one section. For a real situation, rather than an abstract one, the specific ages on the specific dates control the analysis.

Frequently Asked Questions

Does Virginia have a single age of consent?

Virginia’s code does not express the rule as one number. Instead, separate sections attach separate consequences at different ages. Va. Code § 18.2-61 includes sexual intercourse with a child under 13. Va. Code § 18.2-63 covers a child 13 or older but under 15. Va. Code § 18.2-371 addresses a person 18 or older with a child 15 or older. Answering the question accurately means describing those tiers rather than reducing them to one figure.

What does Va. Code § 18.2-61 cover?

Va. Code § 18.2-61 is Virginia’s rape statute, and it includes sexual intercourse with a child under age 13. Because the section reaches that conduct directly, questions about whether the child agreed do not remove the conduct from the statute. Anyone facing an allegation under this section should treat it as a serious felony matter and speak with a criminal defense lawyer about the specific facts alleged.

What does “carnal knowledge” mean in Va. Code § 18.2-63?

Subsection C of Va. Code § 18.2-63 supplies the definition. Carnal knowledge there includes intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration. The definition is broader than the everyday use of the phrase, which is one reason people misjudge what the section covers. Reading only the heading of the statute, or a summary of it, can leave a person with a narrower impression than the text supports.

What applies when the younger person is 13 or older but under 15?

Va. Code § 18.2-63 addresses carnal knowledge of a child 13 or older but under 15 without force. Under subsection A, that offense is a Class 4 felony. Subsection B changes the class where the accused is a minor, as described elsewhere on this page. Va. Code § 18.2-370, taking indecent liberties with children, also applies where the child is under 15 and is a Class 5 felony.

Does it matter if the older person is also a minor?

It can change the class of the offense under Va. Code § 18.2-63. Subsection B provides that where the accused is a minor and the consenting child is three or more years his junior, the offense is a Class 6 felony, and where the child is less than three years his junior, it is a Class 4 misdemeanor. The subsection reduces the grading. It does not eliminate the offense or make the conduct lawful.

What applies when the younger person is 15 or older?

Va. Code § 18.2-371 makes it a Class 1 misdemeanor for any person 18 or older to engage in consensual sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus with a child 15 or older who is not his spouse, child, or grandchild. The section turns on the ages of both people and on the relationship between them, so all three facts have to be examined together rather than in isolation.

What is taking indecent liberties with children?

Va. Code § 18.2-370 addresses taking indecent liberties with children where the child is under 15, and it is a Class 5 felony. It is a separate section from Va. Code § 18.2-63, and a single set of facts can raise questions under more than one statute. Which sections a prosecutor charges depends on the conduct alleged and the age of the child at the time.

Does the younger person’s agreement prevent a charge?

The sections described on this page contemplate conduct that is not forcible. Va. Code § 18.2-63 addresses carnal knowledge without force, and Va. Code § 18.2-371 uses the word consensual. Those sections still describe offenses. Whether any particular defense is available in a given case depends on facts this page cannot assess, and that question should be discussed with a defense lawyer who has reviewed the charging documents.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has practiced since 1997 and concentrates in criminal defense, including allegations brought under the Virginia statutes discussed on this page. Mr. Sris and the firm’s Of Counsel attorneys begin with the charging documents, the ages alleged, and the relationship between the parties, because each of those facts can change which section applies and how a case proceeds. The firm maintains 24/7 phone intake. Request a consultation. Call (888) 437-7747.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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