In Hawaii, the legal age of consent to have sex is 16 years old. However, there is a close in age exception that allows those who are 14 years or older to have sex with someone who is less than 5 years older. Thus, a 14 year old cannot have sex with a 19 year old unless they are married.

What Can Happen If Someone Underage Has Sex?

In Hawaii, it is illegal to have sex with a person under the age of 14 under any circumstances. However, it is legal to have sex with a person between the ages of 14 and 16, provided that the older party is less than 5 years older than the minor.

If you have sex with someone under 14 years old or are older than the minor by 5 years or more, you may be guilty of sexual assault in the first degree. Sexual assault in the first degree is considered a Class A felony and the maximum prison sentence is 20 years.

Do I Need a Lawyer?

If you have been accused of statutory rape you should speak with a lawyer immediately. An experienced Hawaiian criminal defense attorney will be able to advise you of your rights, help you with a defense, and advise you as to what options may be open to you. It is important to retain a criminal attorney as quickly as possible as Hawaii has extremely strict penalties for statutory rape.