No, in Minnesota, the age of consent is 16 years old, but it is illegal for anyone who is 18 years or older to engage in sexual activity with someone who is under the age of 18. This means that a 40 year old engaging in sexual activity with a 16 year old would be considered statutory rape, even if the 16 year old consents to the activity. It is important to ensure that all sexual activity is consensual and legal to avoid any potential legal consequences.