Italy’s general age of sexual consent is 14. Article 609-quater also protects older minors in specified relationships. The number alone does not establish whether conduct is lawful. Criminal Code, article 609-quater.
This guide explains which questions to check before relying on an age-of-consent summary. It distinguishes current legislation from proposals and separates sexual consent from the law on images.
The thresholds and relationship protections
Article 609-quater covers sexual acts with someone under 14, outside the sexual-violence cases in article 609-bis. For someone under 16, it also covers specified family, guardianship, entrusted-care, education, supervision, custody and cohabiting relationships.
For 16- and 17-year-olds, the specified persons remain subject to a further offence when they abuse powers connected with their position. A separate provision covers abuse of trust, authority or influence over a minor aged 14 or above arising from the offender’s status, office or specified family, domestic, work, cohabiting or hospitality relationships. These are distinct statutory tests; avoid reducing them to a single label such as “teacher exception”. Law 238/2021, article 20 and updated article 609-quater.
The criminal-law framework is national. Constitution article 117 reserves criminal legislation to the State, so this is not a set of different consent ages for Rome, Milan or individual regions. Italian Constitution, article 117(2)(l).
The provision for minors close in age
The non-punishment provision in article 609-quater requires a minor as the actor, another minor who has reached 13, an age difference of no more than four years, and conduct outside article 609-bis. It is not an exception available to an adult simply because the age gap is small. Exact birth dates and the date of the conduct matter. Article 609-quater, reproduced in the official Gazette.
Older summaries may say three years. Law 69/2019 changed that wording to four years; the law entered into force on 9 August 2019. A historical allegation needs the relevant legal version, rather than today’s summary alone. Law 69/2019, article 13(3)(b); commencement notice.
Consent and the proposed reform
Current article 609-bis addresses compulsion through violence, threats or abuse of authority, and inducement through specified exploitation of physical or mental vulnerability or impersonation. Reaching an age threshold does not displace that offence. Criminal Code, article 609-bis.
Do not read “violence” as requiring a prolonged physical struggle. The Chamber’s legal dossier explains the courts’ broad assessment of coercion and the circumstances that can defeat a person’s ability to react. It also discusses abuse of private authority and exploitation of vulnerability, including impairment from alcohol or drugs. Chamber of Deputies, dossier 379, pages 1–2.
The Chamber approved a proposal using the concept of free and current consent on 19 November 2025 and sent it to the Senate. At this guide’s check date, the official Senate record still lists committee examination; this guide does not present the proposal as enacted law. The current official code database continues to identify the operative article 609-bis version as effective from 9 August 2019. Chamber legislative record; Senate bill S.1715; official code index.
The additional trust, authority and influence provision described above took effect on 1 February 2022. It is already law and should not be confused with the pending article 609-bis reform. Law 238/2021, commencement notice.
Images, payment and grooming are separate questions
Sexual images involving under-18s
Article 600-ter has an under-18 framework for sexual exploitation in images and performances. Its definition covers representations of real or simulated explicit sexual activity and representations of a minor’s sexual organs for sexual purposes. Production, circulation and possession are different legal questions. Current article 600-ter.
The Supreme Court’s discussion of decision 4616/2022 explains why the context and the “use” or exploitation of a minor matter when assessing private production. It also makes clear that a minor’s consent does not legitimise circulation to third parties. A relationship or an age-of-consent rule is therefore no general authorisation to record or share material. Supreme Court, 2022 criminal-law review, chapter III, printed pages 83–87.
Article 600-quater separately addresses knowing acquisition or possession, and intentional online access without justified reason, to the prohibited under-18 material. Law 238/2021, article 20 and article 600-quater.
Payment and grooming
Article 600-bis addresses child prostitution and paid sexual acts involving a minor aged 14–17, including promised money or another benefit. The general threshold does not authorise this conduct. Law 172/2012, article 4, replacing article 600-bis.
Article 609-undecies addresses grooming an under-16 for the specified sexual or exploitation offences, including through online means. Not every conversation is grooming: the offence has a defined purpose and conduct. Article 609-undecies, updated official text.
Practical questions
Does a mistaken belief about age automatically excuse an offence?
No. For the listed offences against under-18s, article 609-sexies excludes ignorance of age as an excuse unless it was unavoidable. It also covers article 609-quinquies. This is not an automatic defence based on a profile, message or appearance. Law 172/2012, article 4(t), article 609-sexies.
Which facts should a lawyer be given?
Provide exact dates of birth and conduct, location, the relationship and any entrusted responsibilities, pressure or vulnerability, and whether money, recordings or sharing were involved. These help identify the applicable provisions. This checklist is not a ruling that a particular relationship is lawful.
Sources, scope and verification
Checked 5 November 2026. The links beside each claim identify the official code, amending laws, parliamentary materials and judicial commentary used. Historical amendments are cross-checked against the current official code index. Some Ministry HTML pages intermittently return an empty shell; the linked official print versions and Gazette texts provide the underlying provisions.
Continue with the Law & Rights country library, or compare the separate frameworks in France, Germany and Spain. Their exceptions should not be imported into Italian law.