State Guide
Age of Consent in Michigan
A plain-English guide to the age of consent in Michigan, cited to the Michigan Penal Code. Michigan’s close-in-age allowance is built into its fourth-degree criminal sexual conduct statute.
Close-in-age allowance under 5 years, contact onlyMichigan at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | MCL 750.520e (Criminal Sexual Conduct, 4th Degree) |
| Close-in-age mechanism | Not covered by CSC-IV if the gap is under 5 years |
| Age-based defense, if any | None; mistake of age is not a defense |
| Related offense | Criminal sexual conduct, 3rd degree — MCL 750.520d (penetration) |
Overview
Michigan sets its age of consent at 16. Its criminal sexual conduct statutes are divided into four degrees, and the age-based rules differ between them: sexual contact without penetration is addressed by the fourth degree, MCL 750.520e, while penetration is addressed by more serious degrees with their own separate age provisions.
Under the fourth-degree statute, sexual contact with someone 13 through 15 is only a crime if the older person is five or more years older. Below that gap, this particular offense does not reach the conduct. This is often referred to informally as Michigan’s Romeo and Juliet allowance, though it applies specifically to sexual contact, not penetration.
Age of consent in Michigan
MCL 750.520e makes it a crime to engage in sexual contact with someone 13 through 15 where the actor is five or more years older. The statute does not reach sexual contact between people under that gap, which is what functionally sets Michigan’s practical age threshold for this offense.
Close-in-age rules in Michigan
MCL 750.520e(1)(a) requires two conditions together for the age-based version of fourth-degree criminal sexual conduct: the other person is 13 through 15, and the actor is five or more years older. If either condition is not met, this particular basis for the charge does not apply.
Exceptions and defenses
Michigan law does not recognize a good-faith mistake about the other person’s age as a defense to fourth-degree criminal sexual conduct. Consent can be raised as an affirmative defense to this charge, but only where the other person was actually old enough to legally consent; it is not available where the other person was genuinely under the relevant age. Separately, a position of authority, such as certain school or child-care roles, can bring the statute into play even for someone 16 or older, under different provisions of the same section.
Applicable statutes
The codified Michigan law this guide is drawn from.
Practical examples
Example 1. A 14-year-old and an 18-year-old, a four-year gap, sexual contact without penetration. Because the gap is under five years, MCL 750.520e’s age-based provision does not reach this conduct.
Example 2. A 14-year-old and a 20-year-old, a six-year gap, sexual contact. This meets the five-year threshold, so fourth-degree criminal sexual conduct applies.
Example 3. A 15-year-old and a 19-year-old, a four-year gap, but the older person is the victim’s teacher at school. The position of authority can bring separate provisions into play regardless of the age-gap allowance described above.
Frequently asked questions about Michigan
What is the age of consent in Michigan?
16. Below that age, Michigan’s criminal sexual conduct statutes apply different age-and-gap conditions depending on whether the conduct is contact or penetration.
Does Michigan have a Romeo and Juliet law?
Informally, yes, for sexual contact: MCL 750.520e does not reach contact between someone 13 through 15 and a partner less than five years older. It is a genuine allowance, not a defense raised in court.
Does this allowance cover penetration too?
Not in the same form. Penetration is addressed by a separate, more serious statute with its own provisions, which this guide has not fully confirmed against an official close-in-age threshold.
Does a mistaken belief about age count as a defense?
No. Michigan law does not recognize a good-faith mistake about the other person’s age as a defense to these offenses.
Does a position of authority change anything?
Yes. Certain authority relationships, such as specific school or child-care roles, can bring the statute into play even where the other person is 16 or older.
Official sources
Primary and official sources this guide is built from.
Michigan vs. a severity-scaling state
Michigan’s built-in non-coverage differs from scaling severity by gap size.
| Feature | Michigan (contact) | A severity-scaling state |
|---|---|---|
| Under the gap threshold | Not an offense under this statute | Still a lesser offense |
| Gap threshold | 5 years | Varies |
| Mistake of age defense | Not available | Varies |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Michigan Penal Code and the Michigan Judicial Institute’s Sexual Assault Benchbook, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Michigan 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 the Michigan Penal Code as of 25 July 2026. It has not yet been reviewed by a licensed Michigan attorney. One unresolved gap is noted: secondary sources reference a close-in-age provision for third-degree criminal sexual conduct (penetration) but this guide could not independently confirm its exact numeric threshold from an official source, and has deliberately not stated one. This should be confirmed by review before this guide is treated as complete.