This legal provision, present in New York State, provides an exception to statutory rape laws. It stipulates that an individual under the age of 18 can not be prosecuted for statutory rape if the other participant is no more than four years older or younger. For instance, this means a 17-year-old who engages in consensual sexual activity with a 15-year-old would not face statutory rape charges under this specific clause.
The importance of this exception lies in its recognition of adolescent relationships that, while technically illegal due to age differences, may involve mutual consent and understanding. The provision aims to prevent the overly harsh punishment of teenagers involved in relationships within a relatively narrow age gap, acknowledging that the power dynamics often associated with adult-child relationships may not be present. Historically, such laws arose from concerns about disproportionate consequences for youthful indiscretions where both individuals are near the age of majority.