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The Age of Consent

Idaho Code § 18-6101 — under 16 with an adult, or 16 or 17 with someone three years older, is rape

The younger personThe older person
The younger personUnder 16The older person18 or older
The younger person16 or 17The older personThree years or more older, measured birth date to birth date
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Who handles this in Idaho: legal aid programs and the state offices, listed in the Idaho directory.

In either case it is rape unless the two are lawfully married. Either sex can commit the crime.

The penalties, other charges for younger children, and registration are in other sections not covered here. A charge, or the worry of one, is a question for a licensed Idaho attorney.

Sources for this section (1)
  1. Idaho Code § 18-6101 — Rape defined

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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