State Guide
Age of Consent in Virginia
A plain-English guide to the age of consent in Virginia, cited to the Code of Virginia. Virginia’s close-in-age protection only applies when both people are minors.
Minor-on-minor reduction onlyVirginia at a glance
The core figures from this guide, in one place.
| Age of consent (with an adult partner) | 18 |
|---|---|
| Governing statutes | Va. Code §§ 18.2-63, 18.2-371 |
| Close-in-age mechanism | Severity reduction, minors only, victim 13–14 |
| Age-based defense, if any | None; requires both people to be under 18 |
| Related offense | Carnal knowledge by force, or victim under 13 — Va. Code § 18.2-61 |
Overview
Virginia does not use the term “statutory rape,” but its practical effect is similar. Anyone 18 or older who has sexual contact with a 15, 16, or 17 year old who is not their spouse commits a crime under Code Section 18.2-371, regardless of the age gap. This effectively puts the age of consent at 18 whenever one person has already reached adulthood.
Virginia’s close-in-age protection works differently from most states: it only reduces the offense when both people are minors. If the older person is already 18, no age-gap allowance applies at all. The protection exists specifically for two people under 18 who are close in age, at one narrow tier of the law.
Age of consent in Virginia
Code Section 18.2-371(ii) makes it a Class 1 misdemeanor for anyone 18 or older to engage in specified sexual acts with a child 15 or older who is not their spouse, child, or grandchild. Code Section 18.2-63 separately addresses a victim 13 or 14, making that carnal knowledge a Class 4 felony by default.
Close-in-age rules in Virginia
Under Section 18.2-63(B), where the victim is 13 or 14 and the accused is themselves under 18:
- If the accused is three years or more older than the victim, the offense is a Class 6 felony, reduced from the Class 4 felony that would apply to an adult.
- If the accused is less than three years older than the victim, the offense is a Class 4 misdemeanor, a substantial reduction from a felony.
Sources also indicate that two minors both 15 through 17 are generally not reached by either the felony carnal-knowledge statute or the 18-and-older statute, since neither is written to cover that specific combination.
Exceptions and defenses
A child under 13 cannot be considered a consenting child under Virginia law under any circumstances, and the minor-on-minor reduction described above does not extend to that age group. Marriage to the other person is a stated exclusion from Section 18.2-371’s 18-and-older offense.
Applicable statutes
The codified Virginia law this guide is drawn from.
Practical examples
Example 1. A 14-year-old and a 16-year-old, both minors, a two-year gap. Because both are under 18 and the gap is under three years, this could fall under the Class 4 misdemeanor tier rather than a felony.
Example 2. A 14-year-old and a 20-year-old. Because the older person is 18 or older, the minor-on-minor reduction does not apply at all, and the standard, more serious rules apply.
Example 3. A 16-year-old and a 17-year-old, both minors. Sources indicate this specific combination is not directly reached by either Section 18.2-63 or Section 18.2-371.
Frequently asked questions about Virginia
What is the age of consent in Virginia?
Effectively 18 whenever the older person is already an adult. Code Section 18.2-371 makes it a crime for anyone 18 or older to have sex with a 15, 16, or 17 year old, regardless of the age gap.
Does Virginia have a Romeo and Juliet law?
In a limited form. It reduces the offense when the victim is 13 or 14 and the accused is also under 18, but does not apply once the older person turns 18.
Why doesn’t this protect an 18-year-old with a 17-year-old partner?
Because the close-in-age reduction is written specifically for two minors. Once one person reaches 18, a different statute applies that does not consider the size of the age gap.
What if both people are 15 to 17?
Sources indicate this specific combination is not directly addressed by either the felony carnal-knowledge statute or the 18-and-older statute described in this guide.
Is a victim under 13 ever covered by a close-in-age reduction?
No. A child under 13 cannot be considered a consenting child under Virginia law under any circumstances.
Official sources
Primary and official sources this guide is built from.
Virginia’s minor-vs-adult split
The same age gap produces very different outcomes depending on whether the older person is 18.
| Situation | Outcome |
|---|---|
| Accused is an adult (18+) | Class 4 felony, regardless of gap |
| Accused is a minor, gap 3+ years | Class 6 felony |
| Accused is a minor, gap under 3 years | Class 4 misdemeanor |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Code of Virginia and the Virginia Department of Health’s statutory rape prevention resources, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Virginia 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 Code of Virginia as of 25 July 2026. It has not yet been reviewed by a licensed Virginia attorney. The treatment of two minors both aged 15 through 17 was not found explicitly addressed in an official source and is described here based on the absence of an applicable statute in secondary sources; this should be confirmed by review.