The age of consent in Italy is 14 years, with a close-in-age exception that allows those aged 13 to engage in sexual activity with partners who are less than 3 years older. The age of consent rises to 16 if one of the participants has some kind of influence on the other (e.g. teacher, tutor, adoptive parent, priest).[37] Not knowing that the victim is underage is not a legal defence, except it was unavoidable ignorance.[38] If the minor involved is under the age of 10, the crime can be punished even without a complaint and the punishment is aggravated.[39] It is also illegal to perform sexual acts in the presence of a minor aged less than 14 with the intent of allowing the minor to witness the acts, even if they do not take an active part.[40]