one person is 13 and the other is 17 or older. It is considered a felony statutory sexual assault when:
People ages 16 and older can legally consent to sexual activity with anyone they choose, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute. Teens between the ages of 13 and 15 cannot consent to sexual activity with anyone who is four or more years older than them. Children less than 13 years old cannot grant consent to sexual activity. Age and experience create a power imbalance that makes it impossible for the younger person to freely give consent.