The age of consent in NJ is 16 under N.J.S.A. 2C:14-2, the state’s sexual assault law. A child under 13 can never legally consent. A 13-, 14- or 15-year-old cannot legally consent to a partner who is at least four years older. For 16- and 17-year-olds, the effective age rises to 18 when the older person is a close relative, a guardian or resource family parent, or anyone with supervisory or disciplinary power over the teen, such as a teacher or coach. A mistaken belief about a young person’s age is never a defense. Separately, no one under 18 can marry or enter a civil union in New Jersey.
Key Takeaways
- The age of consent in NJ is 16. It is set by N.J.S.A. 2C:14-2.
- Under 13: no legal consent is possible, and the most serious charges apply.
- Ages 13 to 15: it is a crime if the other person is at least four years older.
- Ages 16 and 17: protection extends to 18 when the older person is a relative, guardian or anyone with supervisory or disciplinary power.
- No age mistake defense: believing a minor was older, even reasonably, does not excuse the crime.
- Marriage age is 18 with no exceptions since a 2018 law.
- Report concerns to the state child abuse hotline or call 911 if a child is in immediate danger.
Statutes were reviewed on official and legal code sources, and hotline details on the NJ Department of Children and Families website, in September 2026. This is general information, not legal advice.
What Is the Age of Consent in NJ?
An age of consent is the age at which the law says a person can agree to sexual activity. Below that age, the law treats the young person as unable to consent, so the older person can be charged even if the minor seemed willing. The purpose is to protect children and teens from exploitation.
New Jersey does not have a single statute titled “age of consent.” Instead, the age of consent in NJ comes from the age rules inside the sexual assault law, N.J.S.A. 2C:14-2, and the related criminal sexual contact law, N.J.S.A. 2C:14-3. Together, these laws set 16 as the general age, with stricter rules for younger children and for adults in positions of trust.
These age rules add to, and never replace, the basic rule that sexual activity at any age requires clear, freely given permission. Force or coercion is a crime no matter how old anyone is.
Age of Consent in NJ by Age Group
| Young person’s age | What the law says | Typical charge level |
|---|---|---|
| Under 13 | Cannot legally consent to sexual activity | Aggravated sexual assault (first degree) |
| 13 to 15 | Cannot consent if the other person is at least four years older, or is a relative, guardian or person with supervisory or disciplinary power | Sexual assault (second degree) or aggravated sexual assault (first degree), depending on the situation |
| 16 and 17 | Can generally consent, except with a relative, guardian, resource family parent or anyone with supervisory or disciplinary power | Sexual assault (second degree) in those relationships |
| 18 and older | Adult; age-based rules no longer apply | Other laws on force, coercion and incapacity still apply |
The degree depends on the exact facts, including the type of conduct. Less serious conduct can be charged as criminal sexual contact, a third- or fourth-degree crime.
Close-in-Age Rules for 13- to 15-Year-Olds
New Jersey’s law includes a four-year age gap rule, which some people call a “Romeo and Juliet” provision. Under N.J.S.A. 2C:14-2c(4), it is sexual assault when the young person “is at least 13 but less than 16 years old and the actor is at least four years older.”
As a result, the age of consent in NJ works differently for younger teens depending on the other person’s age:
- Partner fewer than four years older: the four-year rule does not apply. However, the conduct can still be a crime if there is force or coercion, or if the older person is a relative, guardian or someone with authority over the teen.
- Partner four or more years older: it is a second-degree crime, even if the teen agreed.
For example, a 15-year-old cannot legally consent to a 19-year-old. The close-in-age rule does not help anyone once the younger person is under 13. At that age, the law treats any sexual penetration as aggravated sexual assault, and sexual contact is a crime when the other person is at least four years older.
When the Age Rises to 18: Authority and Family Relationships
For 16- and 17-year-olds, New Jersey adds protection against people who hold power over them. Under N.J.S.A. 2C:14-2c(3), it is sexual assault when the teen is at least 16 but under 18 and the older person:
- Is related to the teen by blood or by marriage to the third degree;
- Has supervisory or disciplinary power of any nature or in any capacity over the teen; or
- Is a resource family parent or guardian, or stands in the place of a parent within the household.
The supervisory language is broad. It can cover teachers, coaches, employers, youth leaders and others with authority over a teen. In practice, for these relationships the age of consent in NJ is effectively 18.
For 13- to 15-year-olds, the same kinds of relationships raise the charge to aggravated sexual assault, a first-degree crime.
A Mistake About Age Is Not a Defense
N.J.S.A. 2C:14-5c states that it is no defense that the accused “believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.” In other words, a fake ID, a false age on a social media profile or an older appearance does not excuse the crime. The same section also says the prosecution does not have to prove that the victim resisted.
Penalties in General Terms
New Jersey sorts crimes by degree. The table below shows the ordinary sentencing ranges and maximum fines for each degree under N.J.S.A. 2C:43-6 and 2C:43-3. Actual sentences depend on the facts, the person’s record and other laws.
| Degree | Ordinary prison range | Maximum fine | Examples in this area |
|---|---|---|---|
| First degree | 10 to 20 years | $200,000 | Aggravated sexual assault |
| Second degree | 5 to 10 years | $150,000 | Sexual assault, including the four-year age gap rule; luring a child |
| Third degree | 3 to 5 years | $15,000 | Aggravated criminal sexual contact |
| Fourth degree | Up to 18 months | $10,000 | Criminal sexual contact |
Some offenses carry stricter terms. For example, aggravated sexual assault of a child under 13 carries a sentence of 25 years to life, with 25 years served before parole eligibility, unless a plea agreement sets a lower minimum. In addition, convictions for many sex offenses require registration under New Jersey’s Megan’s Law, and offenders must verify their address with local police each year.
Marriage Age in NJ
New Jersey’s marriage age is separate from the age of consent in NJ. On June 22, 2018, Governor Phil Murphy signed Senate Bill 427, which set 18 as the minimum age to marry or enter a civil union, with no exceptions. Before that law, 16- and 17-year-olds could marry with parental consent, and younger teens could marry with parental and court approval. The governor’s office reported that more than 3,600 minors married in New Jersey between 1995 and 2015.
| Rule | Before June 2018 | Since June 2018 |
|---|---|---|
| Age 18 and older | Could marry | Can marry |
| Ages 16 and 17 | Could marry with parental consent | Cannot marry or enter a civil union |
| Under 16 | Could marry with parental and judicial approval | Cannot marry or enter a civil union |
Sexting, Online Luring and Related Laws
Parents often ask how the age of consent in NJ applies to phones and the internet. The short answer is that image laws use 18, not 16.
| Law | What it covers | Key point |
|---|---|---|
| N.J.S.A. 2C:24-4 (endangering the welfare of children) | Creating, sharing or possessing sexual images of anyone under 18 | Serious crimes, from third to first degree, even when the teen in the image is 16 or 17 |
| N.J.S.A. 2A:4A-71.1 (juvenile diversion) | Cases where both the person who made an image and the person shown were minors | A court may divert eligible teens to a remedial education or counseling program |
| N.J.S.A. 2C:13-6 (luring or enticing a child) | Trying to lure anyone under 18 to a car, building, isolated area or meeting place, including online, to commit a crime | Second-degree crime, with mandatory prison terms for some repeat offenders |
The juvenile diversion program covers the legal penalties for sharing explicit images, effects on school and jobs, the permanent nature of online content and the link to cyberbullying. However, diversion is up to the court and is not guaranteed.
The luring law also applies when an adult believes they are talking to a child, which is how many online sting cases are charged.
Where to Get Help or Report a Concern
Under N.J.S.A. 9:6-8.10, any person who has reasonable cause to believe a child has been abused, including sexually abused, must report it right away to the Division of Child Protection and Permanency. The duty applies to everyone, not just teachers or doctors.
| Situation | Who to contact |
|---|---|
| A child is in immediate danger | Call 911, then the state child abuse hotline |
| Suspected abuse or neglect of a child | NJ child abuse hotline: 1-877 NJ ABUSE (1-877-652-2873), open 24 hours a day, 7 days a week |
| Callers who are deaf or hard of hearing | TTY: 1-800-835-5510 |
| Reporting a crime that already happened | Local police or the county prosecutor’s office |
According to the Department of Children and Families, callers can report anonymously and do not need proof. Anyone who reports in good faith is immune from civil and criminal liability. On the other hand, a person who knowingly fails to report suspected abuse is a disorderly person under state law.
Tips for Parents and Caregivers
- Talk early and plainly. Explain that the law protects young people, and that adults who pursue teens are breaking it.
- Watch for authority figures who cross lines, such as private messages or secret meetings with a coach, tutor or employer.
- Discuss images. Teens should know that sharing sexual images of anyone under 18 can lead to criminal charges and cannot be undone.
- Keep the door open. Let children know they can tell you about uncomfortable contact online or in person without being punished.
- Get legal help from a New Jersey attorney if your family is involved in a case.
Related NJ Guides
For other age-based rules that affect teens, see our NJ permit test guide for new drivers and our NJ minimum wage guide for working teens and adults. Families may also find our NJ family leave guide useful. Browse more in our Living in NJ section or return to the NJ News Today homepage.
Frequently Asked Questions About the Age of Consent in NJ
What is the age of consent in NJ?
The age of consent in New Jersey is 16 under N.J.S.A. 2C:14-2, with stricter rules for younger teens and for adults in positions of authority.
Does New Jersey have a Romeo and Juliet law?
New Jersey has a four-year age gap rule for 13- to 15-year-olds. It is sexual assault if the other person is at least four years older, but force, coercion and authority relationships are crimes at any age gap.
Can a 17-year-old date an 18-year-old in NJ?
A 17-year-old is above the general age of consent of 16, but it is a crime if the older person is a relative, guardian or has supervisory or disciplinary power over the teen.
Can a teacher or coach have a relationship with a 16- or 17-year-old student in NJ?
No. New Jersey law makes it sexual assault when a person with supervisory or disciplinary power of any nature has sexual contact with a 16- or 17-year-old.
Is not knowing someone’s age a defense in NJ?
No. N.J.S.A. 2C:14-5 says a belief that the victim was older is no defense, even if the belief was reasonable.
What is the legal marriage age in NJ?
Since a law signed on June 22, 2018, no one under 18 can marry or enter a civil union in New Jersey, with no exceptions.
Is sexting illegal for teens in NJ?
Sexual images of anyone under 18 are covered by child endangerment laws, but a court may divert eligible cases between minors to a remedial education or counseling program.
How do I report suspected child sexual abuse in NJ?
Call 911 if a child is in immediate danger, and call the state hotline at 1-877 NJ ABUSE (1-877-652-2873), which is open 24 hours a day and accepts anonymous reports.
The Bottom Line
The age of consent in NJ is 16, but the full rule has several layers. Children under 13 cannot consent at all, 13- to 15-year-olds are protected from anyone at least four years older, and 16- and 17-year-olds are protected from relatives, guardians and people with authority over them. Image and luring laws protect everyone under 18, and marriage requires both people to be 18. If you suspect a child is being harmed, call 911 in an emergency or the state hotline at 1-877 NJ ABUSE.
