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 California, statutory rape is defined under Penal Code 261.5 PC as sexual intercourse with a person who is under the age of 18 and not the spouse of the perpetrator. The age of consent in California is 18 years old. Statutory rape in California can be charged as either a misdemeanor or a felony, depending on the age difference between the defendant and the minor, and the defendant's criminal history. California does have a 'Romeo and Juliet' law, which provides certain protections for individuals who engage in consensual sexual activity when both participants are close in age. Specifically, if the individuals are within three years of age of each other, and the minor is at least 16 years old, the offense may be charged as a misdemeanor rather than a felony. However, this does not make the act legal, but rather affects the severity of the charges. It's important to note that even with the 'Romeo and Juliet' law, any sexual activity with a person under the age of consent can lead to criminal charges. An attorney can provide more detailed information about these laws and any defenses that may be available in a particular case.