State Guide
Age of Consent in Pennsylvania
A plain-English guide to the age of consent in Pennsylvania, cited to Title 18. Pennsylvania has a genuine close-in-age allowance built directly into its statutory sexual assault law.
Close-in-age allowance under 4 yearsPennsylvania at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | 18 Pa.C.S. § 3122.1 (Statutory Sexual Assault) |
| Close-in-age mechanism | Not covered by the statute at all if the gap is under 4 years |
| Age-based defense, if any | None needed below 4 years — the statute simply does not apply |
| Related offense | Corruption of minors — 18 Pa.C.S. § 6301 |
Overview
Pennsylvania does not have a single statute that states its age of consent directly. Instead, the age is established indirectly through 18 Pa.C.S. Section 3122.1, statutory sexual assault, which only criminalizes sexual intercourse with someone under 16. Because the statute only reaches conduct involving a person under 16, anyone 16 or older is treated as able to consent to a partner of any age, aside from separate rules involving a position of authority.
Pennsylvania’s close-in-age allowance is genuinely built into the statute itself: below a four-year age gap, the conduct is not covered by Section 3122.1 at all. This is closer to a true exemption than many other states provide, though other statutes can still apply in specific situations.
Age of consent in Pennsylvania
Section 3122.1 makes it a felony to engage in sexual intercourse with someone under 16 who is not the actor’s spouse, once the age gap reaches four years or more. The statute is silent below that gap, which is what effectively sets the practical age of consent at 16 for partners within four years of each other.
Close-in-age rules in Pennsylvania
Section 3122.1 grades the offense entirely by the size of the age gap, once the victim is under 16:
- Under a four-year gap: not covered by this statute at all.
- Four years or more but less than eight years: felony of the second degree.
- Eight years or more but less than eleven years: felony of the second degree.
- Eleven years or more: felony of the first degree.
Exceptions and defenses
Because a gap under four years simply is not covered by Section 3122.1, there is nothing to defend against under that statute in that situation. This is different from an affirmative defense, which would require raising and proving something in court after a charge. Two other statutes can still matter: corruption of minors, 18 Pa.C.S. Section 6301, is a broader offense not tied to a specific age gap and can apply where the sexual-assault statute does not reach; and institutional sexual assault, 18 Pa.C.S. Section 3124.2, raises the relevant age to 18 where the older person holds a position of authority such as a teacher.
Applicable statutes
The codified Pennsylvania law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and an 18-year-old, a three-year gap. Because the gap is under four years, Section 3122.1 does not reach this conduct at all.
Example 2. A 15-year-old and a 20-year-old, a five-year gap. This falls in the four-to-eight-year band: a felony of the second degree.
Example 3. A 15-year-old and a 27-year-old, a twelve-year gap. This exceeds eleven years, making it a felony of the first degree with lifetime registration exposure.
Frequently asked questions about Pennsylvania
What is the age of consent in Pennsylvania?
16, established indirectly. Statutory sexual assault under 18 Pa.C.S. Section 3122.1 only reaches sexual intercourse with someone under 16, so anyone 16 or older is treated as able to consent.
Does Pennsylvania have a Romeo and Juliet law?
Not a named one, but its effect is similar for a narrow band: sexual intercourse with someone under 16 is not covered by the statutory sexual assault statute at all when the age gap is less than four years.
Is this a defense I would raise in court?
No. Because the statute does not reach the conduct in the first place when the gap is under four years, there is no offense under that section to defend against — it never becomes a charge, rather than being a charge that gets excused.
What happens if the age gap is larger?
The offense is graded by gap size: four to eleven years is a second-degree felony, and eleven years or more is a first-degree felony, each with different sex offender registration consequences.
Does a position of authority change anything?
Yes. Institutional sexual assault raises the relevant age to 18 where the older person holds a position of authority, such as a teacher or coach, regardless of the age-gap allowance described above.
Official sources
Primary and official sources this guide is built from.
How the age gap changes the charge
Pennsylvania grades severity by the size of the gap once the statute applies at all.
| Age gap | Charge level | Registration tier |
|---|---|---|
| Under 4 years | Not an offense under this statute | None |
| 4 to 11 years | Felony, second degree | Generally none at 4–8 years; Tier II (25 years) at 8–11 years |
| 11 years or more | Felony, first degree | Tier III (lifetime) |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from Title 18 of the Pennsylvania Consolidated Statutes and Pennsylvania’s official Megan’s Law resource, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Pennsylvania attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects Title 18 of the Pennsylvania Consolidated Statutes as of 24 July 2026. It has not yet been reviewed by a licensed Pennsylvania attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.