Crime

Pennsylvania's consent laws aren't straightforward. Here is what they mean

Toby Chencharick
Toby Chencharick

Pennsylvania's age of consent laws aren't black and white; they're actually multiple shades of gray.

The legal age to consent to sexual activity is 16 years old under Pennsylvania law. No one less than 13 years old can consent to sexual activity.

Toby "Cha Cha" Chencharick is a former Bellefonte Area High School cafeteria worker that was charged after allegedly having sexual intercourse with multiple high school students.

Chencharick allegedly had sexual intercourse with a 16-year-old when he was 18 years old. When strictly looking at their ages, the sexual activity between two individuals in that range can be legal.

Those same laws, however, consider whether or not someone is in a position of power over another.

School employees, correctional facility employees, personal care practitioners and other licensed residential facilities serving children or youth are prohibited by law from engaging in sexual activity with anyone who is receiving services.

There are further distinctions made under the law for those that are between 13 and 15 years old.

Teenagers between the ages of 13 and 15 can consent to sexual activity, but only with someone who is within a 4-year age range.

The charges against Chencharick provide a window to better understand Pennsylvania's consent laws.

He allegedly had sexual intercourse with a 14-year-old when he was 19 years old. When strictly looking at their ages, sexual contact between people of those ages would be illegal according to state law.

This story was originally published April 11, 2018 at 11:48 AM with the headline "Pennsylvania's consent laws aren't straightforward. Here is what they mean."

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