Each state takes a different approach as the age of consent has ranged from 10 to 18.Some states, such as California and New York, set an age at which all sexual intercourse is considered statutory rape.Moreover, the mistake of age is the creation of judges in the absence of a direct statute addressing the defense.
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A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.
This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity is a criminal offence.
In most states, the age of consent has been arbitrarily designated by statute.
However, this age of consent varies widely from state to state.
Third, New Mexico courts recognize a mistake of age defense.
The mistake of age defense is basically "I thought she was 17." However, this is no guarantee that this defense will work in court.
However, nobody under the age of 13 can legally consent to sex in New Mexico, regardless of the age of the partner. The minor’s spouse may legally have sex with the minor, although minors must be at least 16 years with parental consent or a family law judge approval to be married.
If the minor is younger than 16, the minor may only be married if the minor is pregnant and a family law judge approves.
Other states imply a different method which, like the federal statute, takes into account the relative ages of both people.
The age of consent is the age at which a young person can legally agree to sexual activity.
Different standards apply when the offender is in some position of trust or authority over the minor, such as a teacher, employer, or coach.