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While the general age of consent is now set between 16 and 18 in all U. states, the age of consent has widely varied across the country in the past. If the juvenile agrees to the waiver, the case will proceed through the juvenile system with a bench trial.

There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, District of Columbia, and territories.

Until the late 20th century many states had provisions requiring that the teenage girl must be of previous "chaste character" in order for the sexual conduct to be considered criminal. However, if the offender is 17 years old or younger, has a clean record, and such sexual activity was consensual, Youthful Offender status (a pre-trial diversionary program that seals the court record and results in a dismissal of charges) may be granted. A juvenile offender 13 years old and younger would be charged as a "serious juvenile offender" under C. 2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse.

In 1998 Mississippi became the last state to remove this provision from its code. Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. However, in 2009 Senate Bill 185 amended the text of article 768 from anyone under 16 years to anyone under 18 years.

Depending on the jurisdiction, the legal age of consent ranges from age 16 to age 18.

In some places, civil and criminal laws within the same state conflict with each other. Unless the juvenile waives the right to a trial by jury, the case proceeds to the regular criminal docket of the Superior Court, where the juvenile must face trial as an adult.

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A school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, and other school employee. Consent is not a defense to a charge under this section.(c) As used in this section, deviant sexual intercourse means any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another."(b) As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. 18-3-404(1.5), and the crime of trafficking in children, C. It carries a minimum sentence of 5 years and a max of 20 years in prison for a first-time offender, as well as mandatory counseling and sex offender sentencing guidelines.

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