DE HB353

Adds explicit references to § 761(j) definition of "consent" in unlawful sexual contact in the third degree (§ 767) and rape statutes (§§ 770, 771, 772, 773) to clarify that "without the victim's consent" means lack of affirmative consent as defined in statute.

Amends § 761(k) to establish tiered age-based inability to consent provisions: children under 16 cannot consent to sexual acts with persons 6+ years older; children under 14 cannot consent to acts with persons 4+ years older; children under 12 cannot consent to acts with persons 2+ years older.

Repeals prior provisions deeming all children under 12 unable to consent under any circumstances, replacing it with the more nuanced age-differential framework.

Distinguishes statutory rape offenses (age-based inability to consent) from forcible rape offenses (lack of affirmative consent) to align charging practices with the statutory scheme's graduated severity levels.