State Guide
Age of Consent in New Jersey
A plain-English guide to the age of consent in New Jersey, cited to N.J.S.A. 2C:14-2. New Jersey has a genuine close-in-age allowance built into its sexual assault statute.
Close-in-age allowance under 4 yearsNew Jersey at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | N.J.S.A. 2C:14-2 (Sexual Assault) |
| Close-in-age mechanism | Not covered by the statute if the gap is under 4 years |
| Age-based defense, if any | None needed below 4 years — mistake of age is not a defense |
| Related offense | Criminal sexual contact — N.J.S.A. 2C:14-3 |
Overview
New Jersey sets its age of consent at 16. Its sexual assault statute, N.J.S.A. 2C:14-2, criminalizes sexual penetration with someone 13 through 15 only where the older person is at least four years older, and separately addresses conduct with a victim under 13 and conduct involving 16 or 17 year olds in a relationship of authority.
New Jersey has no statute officially titled a “Romeo and Juliet law,” but it has a genuine built-in allowance: sexual penetration between two people 13 through 15 who are less than four years apart in age is not covered by the sexual assault statute at all, rather than being excused by a separate defense.
Age of consent in New Jersey
A 16 or 17 year old in New Jersey can generally consent to sexual activity, unless the other person is a relative or holds a position of supervisory or disciplinary authority over them, such as a teacher or coach, in which case the relevant age rises to 18. Below 16, the sexual assault statute’s age and gap conditions apply instead.
Close-in-age rules in New Jersey
N.J.S.A. 2C:14-2(c)(4) makes sexual penetration with someone at least 13 but under 16 a second-degree crime, but only where the actor is at least four years older than the victim. Below that gap, this particular provision does not reach the conduct.
Exceptions and defenses
Because the under-4-year gap simply is not covered by Section 2C:14-2(c)(4) for the 13-to-16 age band, there is nothing to defend against under that specific provision in that situation. New Jersey courts have held that a mistake about the other person’s age is not a valid defense to statutory rape charges, so this allowance depends only on the actual ages involved, not on what either person believed.
Applicable statutes
The codified New Jersey law this guide is drawn from.
Practical examples
Example 1. A 14-year-old and a 16-year-old, a two-year gap. Because the gap is under four years, Section 2C:14-2(c)(4) does not reach this conduct.
Example 2. A 15-year-old and a 20-year-old, a five-year gap. This meets the four-year threshold, so sexual assault, a second-degree crime, applies.
Example 3. A 17-year-old and their 25-year-old teacher. Even though the age gap alone might otherwise be permitted at 16 or older, the position of authority raises the relevant age to 18, so this falls outside the general consent rule.
Frequently asked questions about New Jersey
What is the age of consent in New Jersey?
16. Below that age, N.J.S.A. 2C:14-2 applies specific age-and-gap conditions to determine whether sexual conduct is criminal.
Does New Jersey have a Romeo and Juliet law?
Not an officially named one, but its effect is similar in a narrow band: sexual penetration between two people 13 through 15 who are less than four years apart is not covered by the sexual assault statute at all.
Is this an affirmative 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 provision to defend against.
Does a mistaken belief about the other person’s age count as a defense?
No. New Jersey courts have held that mistake of age is not a valid defense to a statutory rape charge.
Does a position of authority change anything?
Yes. For a 16 or 17 year old, the relevant age of consent rises to 18 if the other person is a relative or holds a position of supervisory or disciplinary authority, such as a teacher or coach.
Official sources
Primary and official sources this guide is built from.
New Jersey vs. a state with a trial defense
New Jersey’s built-in non-coverage differs from a defense raised in court.
| Feature | New Jersey | A trial-defense state |
|---|---|---|
| How the gap is handled | Statute does not reach conduct under 4 years | Defense raised after a charge |
| Can an arrest still happen | Not under this specific provision | Yes, then the defense is raised |
| Mistake of age defense | Not available | Varies by state |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the New Jersey Code of Criminal Justice, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed New Jersey 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 New Jersey Code of Criminal Justice as of 25 July 2026. It has not yet been reviewed by a licensed New Jersey attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated. The exact interaction between the close-in-age allowance and the under-13 aggravated tier was not fully resolved from available sources and should be confirmed by review.