It is not illegal if that's what you are asking, but could be a legal problem if they decide to get involved physically because the age difference is enough that the older kid could be held more responsible and could face charges, even if the 13 year old goes along with things willingly.
However, I can't imagine any responsible parent would let a 13 year old date at all, not even other 13 year olds. It's just not old enough. That's an age where it's more appropriate for girls and boys to maybe get together in groups to go to a movie or roller skating, or include a mixed-gender group of friends for their birthday party, but one-on-one dates are really pretty inappropriate at that age. And they should not have opposite sex friends at home unless they are supervised by parents.
As a mom of an older teenager, I allowed my son to go on dates starting Freshman year of high school when he was 14, but would not have allowed him to date anyone more than one year older than him. He was not allowed to go on individual dates until he was 16. So, he could have a date to a dance freshman year but he could not take the young lady to dinner or whatever until he was 16. He was fine with that because he couldn't drive until he was 16 anyway, and it would be kind of lame to have his Mom drive him on a one-on-one date. Throughout high school, he was not allowed to have opposite-gender friends in the house (or to go to their house) unless a parent was home. That restriction was lifted when he graduated from high school.
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