Most states make it a criminal offense (statutory rape) to have sexual intercourse with a person under the age of consent—which is usually between 16 and 18 years of age. These laws are premised on the belief that a person under the age of consent is not capable of giving informed consent to sexual intercourse—even if the person was a willing participant. Statutory rape may be prosecuted as a misdemeanor offense or as a felony offense—depending on the state’s laws and the ages and circumstances of the sexual activity.
But many states recognize a defense to such a criminal offense if the persons engaged in the sexual activity were close in age—within three years, for example—provided the persons were at least 14 years of age, for example. These laws are sometimes called Romeo-and-Juliet laws, and are usually located in a state’s statutes, in the penal or criminal code.
In Alaska, the age of consent is 16 years old, which means that any sexual intercourse with a person under this age may constitute statutory rape. Alaska law recognizes statutory rape as a serious offense and does not have a close-in-age exemption, often referred to as 'Romeo-and-Juliet' laws, that some other states have. This means that in Alaska, if an individual aged 18 or older has sexual intercourse with someone under the age of 16, it can result in criminal charges, regardless of the minor's willingness to participate or the age proximity between the two individuals. The severity of the charges can vary depending on the circumstances, including the ages of the individuals involved, and can range from misdemeanor to felony offenses. It is important for individuals in Alaska to understand these laws and the potential legal consequences of engaging in sexual activities with minors.