Age of Consent in New Jersey

Reviewed by William A. Proetta, Esq. · Updated October 2026

The age of consent in New Jersey is 16. Under N.J.S.A. 2C:14-2(c)(3), sexual penetration with a 16- or 17-year-old is a crime only when the other person is a relative, holds supervisory or disciplinary power over the younger person, or is a guardian or resource family parent; with a 13-, 14- or 15-year-old it is a crime when the other person is at least four years older (2C:14-2(c)(4)) or holds a family or authority role, and with a child under 13 it is first-degree aggravated sexual assault whatever the other person’s age (2C:14-2(a)(1)).

Those age rules sit on top of the consent rules, not in place of them. Sexual penetration by coercion or without “affirmative and freely-given permission” is sexual assault at any age, as the Supreme Court held in State in Interest of M.T.S., 129 N.J. 422 (1992), and as 2C:14-2(c)(1) now states. And under N.J.S.A. 2C:14-5(c), a mistaken belief about the younger person’s age is no defense “even if such a mistaken belief was reasonable.”

Who Can Lawfully Consent With Whom

The table below is built from the text of 2C:14-2 and 2C:14-3. “Penetration” and “sexual contact” are defined terms in N.J.S.A. 2C:14-1: contact means an intentional touching of intimate parts, directly or through clothing, for sexual gratification or to degrade or humiliate. Each row assumes the act was otherwise consensual; force, coercion, incapacity or helplessness creates separate offenses in every row.

Who can lawfully consent with whom

N.J.S.A. 2C:14-2 and 2C:14-3. The younger person’s age is on the left; each cell shows the charge and grade if a crime applies.

Other person
Sexual penetration
Sexual contact
Under 13
Any age
First degreeaggravated sexual assault, 2C:14-2(a)(1); no age-gap exception
Second degreesexual assault, 2C:14-2(b), only if the other person is at least 4 years older
13, 14 or 15
Less than 4 years older, and no family or authority role
No age-based offense
No age-based offense
13, 14 or 15
At least 4 years older
Second degreesexual assault, 2C:14-2(c)(4)
Fourth degreecriminal sexual contact, 2C:14-3(b)
13, 14 or 15
Relative to the third degree; supervisory or disciplinary power through legal, professional or occupational status; or resource family parent, guardian or in loco parentis in the household (any age gap)
First degreeaggravated sexual assault, 2C:14-2(a)(2)
Third degreeaggravated criminal sexual contact, 2C:14-3(a)
16 or 17
Anyone without the roles in the next row
No age-based offense
No age-based offense
16 or 17
Relative to the third degree; “supervisory or disciplinary power of any nature or in any capacity”; or resource family parent, guardian or in loco parentis (any age gap)
Second degreesexual assault, 2C:14-2(c)(3)
Fourth degreecriminal sexual contact, 2C:14-3(b)
18 to 21, pupil without a diploma
Teaching staff, substitute, bus driver, other school employee, contractor or volunteer with supervisory or disciplinary power
Second degreesexual assault, 2C:14-2(c)(5)
Fourth degreecriminal sexual contact, 2C:14-3(b)
1st degree2nd degree3rd degree4th degreeNo age-based offense

Age-based rules only. Force, incapacity or lack of consent is a crime at any age.

Our earlier post on close-in-age exemptions for New Jersey sex crimes explains the reasoning behind these gaps with examples.

Three Points the Table Makes Clear

The four-year rule is narrower than people think. It applies to penetration or contact with a 13-, 14- or 15-year-old, and to contact with a child under 13. It does not apply to penetration with a child under 13: (a)(1) contains no age-gap requirement, so a 15-year-old and a 12-year-old fall under the same first-degree statute as an adult, though a juvenile is ordinarily prosecuted in the Family Part rather than the Criminal Division. In a (c)(4) case the gap is part of what the State must prove, because the statute defines the offense by an actor “at least four years older.”

A family or authority role erases the age gap. For a 13-to-15-year-old, a relative, guardian or person with supervisory or disciplinary power through legal, professional or occupational status commits a first-degree crime even if only a year or two older. For a 16- or 17-year-old, the authority clause is broader, reaching supervisory or disciplinary power “of any nature or in any capacity,” which can include roles such as a coach or employer that are not formal professional positions.

Contact and penetration are not graded the same way. Under-13 contact is a 2C:14-2(b) sexual assault only with the four-year gap. Because 2C:14-3(a) draws on 2C:14-2(a)(2) through (a)(7) and not (a)(1), there is no separate aggravated contact charge based on the under-13 age alone.

Mistake About Age Is Never a Defense

A fake ID, a false age on a dating-app profile, or the younger person’s own statement does not defeat the charge under 2C:14-5(c), though such facts can matter at sentencing. The same rule applies to images: under N.J.S.A. 2C:24-4(b)(6), a reasonable mistake about age is no defense to a CSAEM charge.

Images Use 18, Not 16

The age of consent for sexual activity does not carry over to photographs and video. The child sexual abuse or exploitation material (CSAEM) provisions of N.J.S.A. 2C:24-4 define a child as a person under 18, so a 17-year-old who can lawfully consent to sex with a peer is still a child for image offenses. For juveniles, N.J.S.A. 2C:7-2(b)(4) excludes from Megan’s Law registration an adjudication under 2C:24-4(b)(4) or (b)(5) when the case involved only a nude or sexually suggestive photograph made or shared electronically, both people were juveniles, and the person shown knowingly consented. That is an exclusion from registration, not from the delinquency case itself. Our juvenile defense page covers how those cases proceed in the Family Part.

What an Age-Based Conviction Carries

What an age-based conviction carries

Second-degree sexual assault under 2C:14-2(c)(3) or (c)(4), compared with fourth-degree criminal sexual contact with a minor.

(c)(3) or (c)(4) sexual assault2C:14-2
Criminal sexual contact, minor2C:14-3(b)
Grade and range
Second degree5 to 10 years; presumption of imprisonment
Fourth degreeup to 18 months
NERA (85%)
Does not applyNERA reaches only 2C:14-2(a), (b) and (c)(1)
Does not apply
Megan’s Law registration
Yes
Yesbecause the victim is a minor
Internet registry at Tier 2
Withheldif the sole offense involved a victim who assented but could not lawfully consent because of age, unless an exception applies (2C:7-13)
Same exception
Lifetime bar, 2C:7-2(g)
Not triggeredby a single (c)(3) or (c)(4) conviction; (g) names only 2C:14-2(a) and (c)(1), or more than one sex offense
Not triggeredby a single conviction
Statute of limitations
None2C:1-6
Limited5 years after the victim turns 18, or 2 years after discovery, whichever is later

The Tier 2 exception matters because, without it, a moderate-risk registrant’s photograph, vehicle and street address are posted publicly. The tier and the exception are decided under the process on our Megan’s Law tiers page. The time limits are explained in full on our statute of limitations page.

Immigration. For non-citizens, the younger person’s age can decide whether a conviction counts as “sexual abuse of a minor,” an aggravated felony under 8 U.S.C. § 1101(a)(43)(A). In Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017), the Supreme Court held that for statutory rape offenses based solely on the participants’ ages, the federal definition requires a victim younger than 16. A (c)(4) case involving a 13-to-15-year-old meets that age element; a (c)(3) case involving a 16- or 17-year-old may not, but because (c)(3) also requires a family or authority role, its immigration treatment, and any other immigration consequences, need separate review. See our page on immigration consequences.

When Both People Are Teenagers

The table applies to juveniles too. A 17-year-old with a 13-year-old is four years older and within (c)(4); a 15-year-old with a 13-year-old is not. A juvenile charged with an offense in the table is adjudicated in the Family Part unless the case is waived to adult court, and an adjudication for a listed offense still requires Megan’s Law registration. The rules for juvenile registrants, including how they can end registration, differ from the adult rules and are covered on our page on Megan’s Law for juveniles.

How We Help

We start with the documents that establish age and relationship: birth certificates, school records and anything that shows whether a family, household or supervisory role existed, because the grade turns on those facts. We calculate the exact age gap on the date alleged, test whether the State can prove the “supervisory or disciplinary power” element, and review phone and social media records for the timeline. Where a case could resolve, we evaluate how each possible plea affects registration, the Tier 2 internet exception, NERA and immigration status before any plea is entered.

Age of Consent FAQs

What is the age of consent in New Jersey?

Sixteen. A 16- or 17-year-old can lawfully consent unless the other person is a relative, a guardian or resource family parent, or has supervisory or disciplinary power over them (N.J.S.A. 2C:14-2(c)(3)).

Does New Jersey have a Romeo and Juliet law?

Not by that name. The close-in-age rule is built into 2C:14-2(c)(4): with a 13-, 14- or 15-year-old, sexual penetration is a crime under that subsection only if the other person is at least four years older.

Can an 18-year-old date a 16-year-old in New Jersey?

Yes, if the 18-year-old is not a relative, guardian or person with supervisory or disciplinary power over the 16-year-old. Images are different: anyone under 18 is a child under the CSAEM statute.

Is it illegal for a 19-year-old to have sex with a 15-year-old in NJ?

Yes. A 19-year-old is at least four years older than a 15-year-old, which is second-degree sexual assault under 2C:14-2(c)(4) and requires Megan’s Law registration.

Is it a defense if they said they were 18?

No. N.J.S.A. 2C:14-5(c) makes a mistake about age no defense, even if the belief was reasonable.

Can a teacher or coach have a sexual relationship with a 17-year-old?

No, if the teacher or coach has supervisory or disciplinary power over the student or player. Sexual penetration by anyone with that power “of any nature or in any capacity” over a 16- or 17-year-old is second-degree sexual assault. For pupils 18 to 21 without a diploma, school staff, contractors and volunteers with that power are covered by 2C:14-2(c)(5).

Talk to a Lawyer About an Age-Based Charge

In an age-based case the grade, the registration consequences and the immigration result can all turn on a single birthday or job title. Call William Proetta Criminal Law at (201) 793-8018 for a free, confidential case review, or contact us online.

William Proetta Criminal Law has offices in Jersey City and Edison and defends sex offense charges statewide.