Additionally, a person under 17 can legally consent to sex with a person who is no more than 10 years older. The charge would have been upgraded to aggravated juvenile sexting if the minor committed juvenile sexting for commercial or financial gain, produced the image without the consent of the minor who was the subject of the image, distributed to more than five other persons, or previously committed a juvenile sexting offense. Click any charge for more detailed information. Although the contact is consensual, South Dakota law prohibits sexual contact between an adult someone 18 or older and a minor someone younger than 18 , even if the sex is consensual. While for men, it is 18 years old. This function requires a title and a chapter number. Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse. If the person under the age of consent is between 13 and 16 years old, they can legally consent to sex with someone that is less than 48 months 4 years older than them. Close in age exemptions , commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. Individuals aged 15 or younger in South Dakota are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. Similarly, no protections are reserved for sexual relations in which one participant is a 15 year old and the second is a 16 or 17 year old. But even if this is true, a defendant cannot rely on a mistake of age—even a reasonable one— to avoid conviction in South Dakota. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. In Arkansas, a person must be at least 16 years old in order to consent to sex.