The crime of "statutory rape" makes it illegal for a perpetrator of any age to have sexual intercourse with someone under the age of 16 that they are not married to. Potential Penalties for Statutory Rape Depending on the ages of the parties, and other factors, statutory rape crimes can be tried as misdemeanors or felonies in California. This is because California has a marital exemption to the California statutory rape laws. Homosexuality was legalized in , but "public homosexuality" is an offense that carries a year jail term without parole. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Penalties depend on the ages of the defendant and victim, as described below. If an adult an individual over the age of 18 has sex with a minor between the ages of 13 and 16, the adult may be prosecuted for 4th degree criminal sexual penetration. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 sex with someone is not illegal per se, but can still be open to prosecution under certain circumstances. However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense. Lewd and lascivious acts upon a child involve sexual contact between a minor who is 13 or younger and a defendant of any age. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances. If they are more than 3 years older than the minor then they are guilty of a felony. Kansas[ edit ] The age of consent in Kansas is Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors. In Colorado, a person who is under 15 can legally consent to have sex with someone who is no more than 4 years older. History of Illinois laws[ edit ] Bill was introduced in to decriminalize sexual relationships between persons 13—16 years old and those fewer than five years older, but the bill failed to pass.