Federal Law
Federal age of consent laws
There is no single nationwide age of consent. States set that number. Federal law plays a narrower, specific role alongside it.
| Nationwide age of consent | None — states set this individually |
|---|---|
| Federal sexual abuse of a minor | 18 U.S.C. § 2243, special federal jurisdiction only |
| Interstate transportation offenses | 18 U.S.C. § 2423, protected age raised to 18 |
| Where federal law typically applies | Federal land, interstate travel, or interstate communication |
There is no single federal age of consent
Age of consent in the United States is set state by state, not by a single federal law. Every guide on this site describes a specific state’s own statute, because that is the law that actually governs most sexual-conduct cases involving a minor.
Federal law does not sit on top of every state as a general-purpose age-of-consent statute. It applies in specific, narrower circumstances instead, described below.
Where federal jurisdiction applies
18 U.S.C. Section 2243 makes it a federal crime to engage in a sexual act with someone who is at least 12 but under 16, where the offender is at least four years older, but only within the “special maritime and territorial jurisdiction” of the United States, in a federal prison, or in certain federal custody facilities. This is a narrow jurisdictional reach: it generally does not apply to conduct in an ordinary home or neighborhood governed only by state law.
Separately, 18 U.S.C. Section 2423 addresses transportation of a minor: traveling across a state line, or internationally, with intent to engage in illegal sexual conduct with someone under 18. This statute’s reach comes from the interstate or international travel itself, not from where the conduct ultimately occurs, and it can carry penalties of up to 30 years.
Interstate situations, at a high level
Two people who live in different states, or who traveled across a state line, can end up with more than one jurisdiction potentially relevant to the same conduct: the state where the conduct occurred, the state or states either person lives in, and potentially federal law if interstate travel or communication was involved. This site’s state guides describe only the law of a single named state, since state law generally governs based on where the conduct took place, not where either person is from.
This page cannot tell you which law applies to a specific real situation involving travel between states. That depends on facts this page cannot know, including exactly what happened, where, and what communications preceded it.
Official sources
Primary and official federal sources this page is built from.