This statute establishes when an individual can legally consent to sexual activities. The law protects minors from exploitation and abuse, ensuring those below this age cannot legally give consent. The legal age of consent varies from 16 to 18 years old from state to state across the united states. In some states, a close in age exemption exists to decriminalize consensual sex between two individuals who are both under the age of consent. Hawaii statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16.
The age of consent in hawai'i is 16 years old. At this age a person may legally consent to sexual activity with another person who has also reached the age of consent. Hawai'i law has an age gap provision that intends to avoid penalizing sexual activity among certain teens. Hawaii sets the age of consent at 16, meaning individuals younger than this cannot legally engage in sexual activity with an adult. In hawaii, the age of consent is 16. So it's a crime to knowingly engage in sexual penetration with someone under 16 or with someone more than five years younger than you. If both parties are of legal age, they can engage in consensual sexual intercourse. The hawaii state legal age of consent is 16 as of 2025. The age of consent is the minimum age at which an individual is recognized by the law as being capable of consenting to sexual acts.
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