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.
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.
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 an attorney as quickly as possible as Hawaii has extremely strict penalties for statutory rape.
Last Modified: 08-19-2014 12:26 PM PDTLaw Library Disclaimer
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