In a prior article, we explored the differences between state laws punishing certain teens for engaging in sexual behavior and exempting other teens from punishment based on the closeness in age between the teens. These laws are called "age-gap laws." To review, the laws vary widely in terms of what sexual behavior between peers is viewed as legal and what is not. In some states, peers will not be prosecuted when the age difference between them is two years; in others, up to six years difference is acceptable. In some states, the age-gap laws are not effective until the teens are at least a threshold age, such as 15-years-old. In other states, the age-gap laws apply regardless of how young the youngest teen is.

This article continues our exploration of whether we can determine a principled approach to age-gap laws based on information about adolescent development. As we know, adolescence is a time when peer relationships change. More time and interaction is spent with contemporaries and less time is spent with adults. As noted above, we described in our recent article how states differ considerably regarding their legal definition of "peer" as it pertains to peer-on-peer child sexual abuse. In part, this research confirmed how contradictory are our views of child and teenage sexuality.

As a society, we have little control over what adolescents learn about sexuality in the age of Internet, cable television, and over-sharing of information. Our legal systems also have limited control over whether adolescents have sexual relations, possibly become parents, or contract a sexually transmitted disease. The question is, what should be the legal response to teenage sexuality? For example, is adolescent sexting just a typical form of flirtation or is it a sex crime? Do we accept adolescent sexual behavior as "normal"? Do we respond punitively? Do we examine adolescent relationships for coercion and control? Sexual abuse? Especially in the era of the #MeToo movement, and "yes means yes" rather than "no means no" for consent, these questions are at a social collision point.